District of Massachusetts

BOSTON –  Two men have been charged with allegedly conspiring to murder a witness in a federal trial as well as rivals. One defendant also allegedly discussed the murder of federal prosecutors.

Elijah Melton, 26, of Middleborough, and Kareem Pires, 25, of Wareham, have been charged with one count each of conspiring to commit murder for hire. Pires was arrested this morning and will appear in federal court in Boston at 2 p.m. this afternoon. Melton is currently in federal custody and will appear at a later date.

In December 2023, Melton was arrested and charged in a two-count federal indictment of conspiracy to distribute and possess with the intent to distribute 400 grams or more of fentanyl and the distribution of 400 grams or more of fentanyl. Melton was released by the Court on conditions. In February 2024, Melton was arrested for allegedly violating his pre-trial release conditions. Melton was ordered detained pending trial and has remained in federal custody since.  

According to the charging documents, a cooperating witness told federal authorities that Melton had allegedly solicited him to murder a person (Target Witness) that Melton believed to be cooperating in Melton’s federal drug case. Melton allegedly told the cooperating witness that members of his gang had placed a “bounty” on the Target Witness and provided the cooperating witness with information about the Target Witness, including the city in which he resided, the car he drove, and details about distinctive jewelry he wore. Melton allegedly offered to arrange for a juvenile family member to deliver $75,000 to a family member of the cooperating witness. The cooperating witness informed federal authorities that he refused the money at that time.  
    
Melton allegedly further asked the cooperating witness to murder two other individuals that were “beefing” with Melton’s crew (Target Rival #1 and Target Rival #2). Melton allegedly provided the cooperating witness with information to identify the Target Rivals and the Target Witness. Melton also allegedly told the cooperating witness that he wanted two federal prosecutors murdered, provided the cooperating witness with certain information about the prosecutors and indicated that he would provide the money to murder the prosecutors personally.

According to the charging documents, Melton told the cooperating witness that Pires, who was not detained, could help identify the targets and locations where the targets might be found. It is alleged that Melton expected the cooperating witness to be released from prison soon thereafter and provided the cooperating witness with both a letter for Pires and the phone number for Melton’s juvenile family member. Federal authorities reviewed the letter Melton provided the cooperating witness, which allegedly included information, among other things, information concerning the plan to murder the Target Rivals. Prior to the cooperating witness’s release from custody, Melton allegedly provided him with a second letter to be delivered to Pires. Federal authorities reviewed the letter, which allegedly referenced the Target Rivals. 

According to court documents, upon his release from custody in April 2024, the cooperating witness arranged to meet with Pires. They met in a public location, where the cooperating witness delivered the second letter to Pires, who allegedly agreed to assemble information, including pictures, about the Target Witness and the Target Rivals for the cooperating witness. 

The charge of conspiracy to commit murder for hire provides for a sentence of up to 10 years in prison. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes that govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Brian Kyes, U.S. Marshal for the District of Massachusetts; and Warden Michael Nessinger of the Donald W. Wyatt Detention Facility made the announcement today. Assistant U.S. Attorneys Anne Paruti and Mark Grady, Chief and Deputy Chief, respectively, of the Major Crimes Unit are prosecuting the case.

The details contained in the charging document are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Rhode Island man was sentenced today for his involvement in a drug trafficking organization (DTO) that distributed fentanyl throughout Southeastern Massachusetts and Rhode Island. 

Alfredo Valdez, 45 of Providence, R.I. was sentenced by U.S. District Court Judge Allison D. Burroughs to 30 months in prison and three years of supervised release. In February 2024, Valdez pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute fentanyl. Valdez was one of 10 individuals indicted by a federal grand jury in August 2022 in connection with the conspiracy.

In March 2021, an investigation began into a DTO operating in Southeastern Massachusetts and Rhode Island led by Estarlin Ortiz-Alcantara. Intercepted communications on numerous cellphones identified Valdez as a member of the DTO who conspired with Ortiz-Alcantara to regularly distribute multi-kilograms of fentanyl from a base of operations at a stash house in Fall River. During a search of the stash house in July 2022, Valdez was found inside the apartment along with more than 12 kilograms of fentanyl stored in various ceiling panels, blenders, a hydraulic press and baggies.  

Valdez is the eighth defendant to plead guilty in the case. Ortiz-Alcantara pleaded guilty in December 2023 and is scheduled to be sentenced on July 9, 2024.

Acting United States Attorney Joshua S. Levy; Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; New Bedford Police Chief Paul Oliveira; and Fairhaven Police Chief Michael J. Myers made the announcement today. Valuable assistance was provided by the Massachusetts State Police; Homeland Security Investigations; Bristol County Sherriff’s Office; and Fall River, Taunton, Attleboro, Scituate, Yarmouth, Providence (R.I.) and West Warwick (R.I.) Police Departments. Assistant U.S. Attorney John T. Mulcahy of the Narcotics & Money Laundering Unit is prosecuting the case.
    
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The details contained in the charging documents are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.  

BOSTON – A Canton orthopedic surgeon was sentenced today in federal court in Boston for his role in a health care fraud scheme.  

Dr. Olarewaju James Oladipo, 60, of Canton, was sentenced by U.S. District Court Judge Allison D. Burroughs to 16 months in prison, followed by one year of supervised release. In December 2023, Oladipo was convicted by a federal jury of 10 counts of health care fraud. 

From approximately January 2016 through December 2019, Oladipo devised and executed a scheme to defraud health care benefit programs by falsely billing for patient visits. Specifically, Oladipo used billing codes for more complex—and thus more expensive—services that were not provided. Oladipo falsified medical records of patient visits to reflect examinations and services that were not performed. During the four-year period, Oladipo frequently billed for more than 60 patients per day and sometimes more than 100 patients per day. The result was that many, if not most, of Oladipo’s patient visits on such days could have only lasted five minutes or less. However, Oladipo used billing codes that typically corresponded to visits of 15, 25, 30, or even 45 minutes. 

Additionally, Oladipo ensured this high flow of patients to his practice by prescribing powerful, highly addictive opioids at a rate that made him one of the top prescribers of such drugs in Massachusetts. The evidence presented at trial showed that Oladipo knowingly prescribed oxycodone to patients suffering from opioid addiction.

The U.S. Attorney’s Office for the District of Massachusetts; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Roberto Coviello, Special Agent in Charge, Health and Human Services-Office of Inspector General; and Matthew Modafferi, Special Agent in Charge of the United States Postal Service Office of Inspector General (USPS-OIG), Northeast Area Field Office made the announcement. Valuable assistance was provided by the Massachusetts Attorney General’s Office; National Insurance Crime Bureau; and the Drug Enforcement Administration. Assistant U.S. Attorneys Evan D. Panich and William B. Brady are prosecuting the case.   

BOSTON – Magellan Diagnostics, Inc., a medical device company headquartered in Billerica, Mass., has agreed to resolve criminal charges relating to its concealment of a device malfunction that produced inaccurately low lead test results for potentially tens of thousands of children and other patients. 

As part of the criminal resolution, Magellan will plead guilty to violations of the federal Food, Drug and Cosmetics Act and pay a $21.8 million fine, $10.9 million in forfeiture and a minimum of $9.3 million to compensate patient victims. Today’s resolution also includes a deferred prosecution agreement to resolve felony conspiracy fraud charges against the company.  

Magellan’s devices – LeadCare Ultra, LeadCare II and LeadCare Plus – detected lead levels and lead poisoning in the blood of children and adults using either venous (i.e., blood draws through the arm) or fingerstick samples. LeadCare II, which was predominantly used to test fingerstick samples, accounted for more than half of all blood lead tests conducted in the United States from 2013 through 2017. LeadCare Plus and LeadCare Ultra were predominantly used to test venous samples.

Magellan has admitted that it misled its customers and the FDA about a serious malfunction that affected Magellan’s LeadCare devices when they were used to test venous blood samples. By hiding the malfunction and later deceiving customers and the FDA about when the company discovered the malfunction, the nature, extent and frequency of the malfunction, and the risks associated with the malfunction, Magellan caused an estimated tens of thousands of children and other patients to receive inaccurately low lead test results.

Magellan first learned that a malfunction in its LeadCare Ultra device could cause inaccurate lead test results – specifically, lead test results that were falsely low – during the FDA clearance process in June 2013. Magellan, however, released LeadCare Ultra to the market in December 2013 without informing customers or the FDA of the malfunction. Several months after the release, LeadCare Ultra customers independently discovered the malfunction and complained about inaccurate results. In response, Magellan told its customers that it had only recently identified the malfunction and had not observed the malfunction in its clinical trials prior to product release. Magellan, in fact, had known about the malfunction for over a year, including before the product release. 

Magellan’s testing in 2013 also indicated that the same malfunction affected the LeadCare II device, which was by far Magellan’s highest-revenue product. Magellan, however, did not notify its customers and the FDA about the LeadCare II malfunction until November 2016. 

In 2017, the FDA contacted Magellan and asked when the company first discovered the malfunction. Magellan’s representative falsely told the FDA that Magellan first discovered the problem after receiving customer complaints in late 2014 and shortly before Magellan notified the FDA in 2015 – even though Magellan had discovered the malfunction in 2013. Magellan then sent a false timeline to the FDA, which omitted the company’s internal 2013 studies about the malfunction.

The FDA ultimately found that the LeadCare Devices could not accurately test venous samples, leading to a recall of all LeadCare Devices using venous samples and a warning to the public not to use LeadCare Ultra, LeadCare II and LeadCare Plus for venous blood samples because of the malfunction.

According to the Centers for Disease Control and Prevention, there is no safe level of lead in the blood. Lead exposure may cause irreversible lifelong physical and mental health problems. Young children and pregnant women are most vulnerable to lead exposure, especially those from low-income households and those who live in housing built before 1978 because those homes are more likely to contain lead-based paint and have fixtures containing lead. 

As part of today’s criminal resolution, Magellan has agreed to compensate all patients who were demonstrably harmed for the pecuniary damages they suffered as a result of the malfunction in Magellan’s blood lead testing devices. If you or a family member believe you received an inaccurate blood lead test result from a LeadCare device between 2013–2017, please complete the questionnaire located on the FBI’s website at www.fbi.gov/MagellanCaseInquiry. Information about the status of the case is located on the U.S. Attorney’s Office website: https://www.justice.gov/usao-ma/victim-and-witness-assistance-program/magellan-diagnostics-inc.  

Acting U.S. Attorney Joshua S. Levy; Fernando McMillan, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, New York Field Office; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Roberto Coviello, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of Inspector General made the announcement today. Assistant U.S. Attorneys Jamie Herbert, Kelly Lawrence, Elysa Wan and Leslie Wright of the Criminal Division are prosecuting the case.

BOSTON – A Florida man has been arrested and charged for allegedly embezzling approximately $4 million from his employer, a Florida-based portfolio company owned by a Massachusetts investment firm.

Paul Schnitzer, 51, of Clermont, Fla., was charged with one count of wire fraud. Schnitzer was arrested this morning and will make an initial appearance in the Middle District of Florida tomorrow. He will appear in federal court in Boston at a later date.

According to the charging document, Schnitzer worked as the finance director for the portfolio company. It is alleged that between January 2023 and May 2024, Schnitzer made over 90 transfers, each of tens of thousands of dollars disguised as “equity distributions,” from the company’s operating account into his personal account. To hide these transfers, Schnitzer allegedly provided falsified financial reports with inflated cash balances for the company to the investment firm. It is also alleged that Schnitzer secretly used a line of credit to replenish the company’s operating account after he had stolen from it.

The charge of wire fraud provides a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney David M. Holcomb of the Securities, Financial & Cyber Fraud Unit is prosecuting the case.

The details contained in the charging documents are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.

BOSTON – A Brooklyn man was sentenced today in federal court in Boston for his role in a drug trafficking organization (DTO) wherein he transported kilograms of cocaine from New York to Boston in August 2020.

Dinelson Hernandez-Rodriguez, 30, was sentenced by U.S. District Court Judge Patti B. Saris to 68 months incarceration and three years of supervised release. In February 2024, a jury found Hernandez-Rodriguez guilty of conspiracy to distribute and to possess with intent to distribute cocaine. 

In October 2019, an investigation began into a DTO trafficking cocaine and fentanyl in Boston and Taunton. Intercepted communications established that the DTO was supplied in part by individuals in New York. In August 2020, Hernandez-Rodriguez drove from New York to Hyde Park with kilograms of cocaine hidden in a trap compartment inside a Honda Pilot automobile. One day prior, a co-conspirator also transported kilograms of cocaine from New York to Hyde Park. In total, Hernandez-Rodriguez and his co-conspirator transported more than 50 kilograms of cocaine intended for distribution in Boston.

After cocaine was distributed in the Boston area, Hernandez-Rodriguez attempted to transport $240,240 in drug proceeds – again, hidden in the trap inside his car – back to New York but was intercepted by law enforcement.  

Hernandez-Rodriguez is the ninth defendant to be convicted in this case, either by guilty plea or following a jury trial. 

Acting United States Attorney Joshua S. Levy and Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. Valuable assistance was provided by the Connecticut State Police and the Boston, Taunton and Stratford (Conn.) Police Departments. Assistant U.S. Attorneys Samuel R. Feldman and K. Nathaniel Yeager of the Narcotics & Money Laundering Unit are prosecuting the case. 

This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Lowell man was sentenced today in federal court in Boston for firearms trafficking charges. 

Isael Rodriguez, 29, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 18 months in prison and three years of supervised release. In January 2024, Rodriguez pleaded guilty to one count of dealing in firearms without a license and one count of making false statements to acquire firearms from a licensed dealer. 

In January 2021 and June 2021, Rodriguez purchased a dozen Glock pistols from a licensed dealer for $500 each, falsely claiming that he was purchasing them for himself. Rodriguez then resold the firearms for profit to individuals in Massachusetts. Rodriguez is not a licensed importer, manufacturer, or dealer and Glock firearms are only allowed to be sold to active law enforcement officers.

Acting United States Attorney Joshua S. Levy; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Boston Police Commissioner Michael Cox; Lowell Superintendent of Police Gregory C. Hudon; Brookline Police Chief Jennifer M. Paster; and Brockton Police Chief Brenda I. Perez made the announcement today. Assistant U.S. Attorney John Dawley of the Organized Crime & Gang Unit prosecuted the case. 

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. 

Peter McCarthy, 51, of Lynn, Massachusetts, the owner of Steps to Solutions Inc., a group of residential sober homes, was found liable following a five-day jury trial. In August 2021, the U.S. Attorney’s Office for the District of Massachusetts and the Justice Department’s Civil Rights Division filed a lawsuit alleging that McCarthy subjected female tenants to sexual harassment in violation of the Fair Housing Act.

“Sexual harassment of tenants is abhorrent, and the department stands committed to holding housing providers accountable,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We commend the survivors who came forward to testify about the heinous conduct that they experienced. This verdict sends a message that there is no place in our society for landlords who abuse their position of power to prey on vulnerable people.”

“This defendant preyed on vulnerable women in recovery from addiction and forced them to choose between his sexual demands and keeping a roof over their heads. Housing is a fundamental need and every person has the right to feel safe and secure in their own home. No one should be denied housing because of their refusal to submit to unwanted sexual harassment and intimidation,” said Acting U.S. Attorney Joshua S. Levy for the District of Massachusetts. “This case should send a powerful message to all landlords that there are severe consequences to sexually exploiting tenants”

Since at least 2012 through 2021, McCarthy — the registered agent and sole officer of Steps to Solutions Inc. — sexually harassed residents of his sober homes by offering to reduce or forgive rent, granting extra house privileges or waiving security deposits in exchange for engaging in sex acts or sexually explicit photographs; and making unwanted sexual comments.

The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices across the country. The goal of the initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing. Since launching the initiative in October 2017, the department has filed 40 lawsuits alleging sexual harassment in housing and recovered over $16.4 million for victims of such harassment.

Individuals who have information about this case can contact the U.S. Attorney’s Office for the District of Massachusetts by calling 617-748-3274, emailing USAMA.victimassistance@usdoj.gov or visiting the case webpage.

Assistant U.S. Attorneys Gregory Dorchak, Michelle Leung and Eve Piemonte for the District of Massachusetts handled the matter, along with the Justice Department’s Civil Rights Division’s Housing Section.

BOSTON – The owner and operator of Steps to Solutions, Inc., a group of residential sober homes, has been found liable by a federal jury in Boston for sexual harassment of tenants.

Peter McCarthy, 51, of Lynn was found liable on May 17, 2024 for sexual harassment and retaliation in violation of the Fair Housing Act. Following a five-day trial, a federal jury awarded $3.8 million in damages to seven identified victims who rented from McCarthy. In August 2021, the U.S. Attorney’s Office and the Justice Department’s Civil Rights Division filed a lawsuit  alleging that McCarthy subjected tenants to sexual harassment in violation of the Fair Housing Act. The jury award includes compensatory damages for the emotional harms the victims suffered as a result of McCarthy’s conduct as well as punitive damages to punish the defendant. The Justice Department also intends to seek a civil penalty against McCarthy to vindicate the public interest and a court order for injunctive relief to prevent McCarthy from, among other things, managing Steps to Solutions sober homes or having contact with residents or prospective tenants. 

“This defendant preyed on vulnerable women in recovery from addiction and forced them to choose between his sexual demands and keeping a roof over their heads. Housing is a fundamental need and every person has the right to feel safe and secure in their own home. No one should be subjected to unwanted demands for sex acts from their landlord,” said Acting United States Attorney Joshua S. Levy. “This case should send a powerful message to all landlords that there are severe consequences to sexually exploiting tenants.”

“Sexual harassment of tenants is abhorrent, and the department stands committed to holding housing providers accountable,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We commend the survivors who came forward to testify about the heinous conduct that they experienced. This verdict sends a message that there is no place in our society for landlords who abuse their position of power to prey on vulnerable people.” 

Since at least 2009 through 2021, McCarthy — the registered agent and sole officer of Steps to Solutions, Inc. — sexually harassed residents of his sober homes by offering to reduce or forgive rent, granting extra house privileges, or waiving security deposits in exchange for engaging in sex acts or sexually explicit photographs; and making unwanted sexual comments.

The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices across the country. The goal of the initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing. Since launching the initiative in October 2017, the department has filed 40 lawsuits alleging sexual harassment in housing and recovered over $16.4 million for victims of such harassment.

Individuals who have information about this case can contact the U.S. Attorney’s Office by calling 617-748-3274, by e-mailing USAMA.victimassistance@usdoj.gov or by visiting the case webpage.

Acting U.S. Attorney Levy and AAG Clarke made the announcement today. Assistant U.S. Attorneys Gregory Dorchak, Michelle Leung and Eve Piemonte of the Civil Division handled the matter along with the Housing Section of the Justice Department’s Civil Rights Division.

The Civil Rights Unit of the U.S. Attorney’s Office was established in 2016 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights. 

BOSTON – A West Roxbury man pleaded guilty on May 15, 2024 in federal court in Boston to a fraud charge in connection with a scheme to fraudulently obtain pandemic-related relief funds from the Paycheck Protection Program (PPP).

Donovan Scarlett, 25, pleaded guilty to one count of wire fraud. U.S. District Court Judge Denise J. Casper scheduled sentencing for Sept. 5, 2024. 

Scarlett was charged and arrested in February 2024 along with over 40 alleged Heath Street Gang members/associates, who were charged with racketeering conspiracy; drug trafficking; firearms charges; and financial frauds, including COVID-related fraud.

In March 2021, Scarlett submitted a fraudulent PPP loan application on behalf of his purported business. The fraudulent PPP loan application contained multiple false statements, including false representations regarding the purported business’s total gross income in 2020 and Scarlett’s criminal history. Scarlett also submitted false tax records in support of his loan application. Based on the fraudulent application, Scarlett received approximately $13,600 which he spent on non-business-related expenses.

The CARES Act created a temporary loan program directed at small businesses called the PPP. PPP loans were processed by private financial institutions and fully guaranteed by the U.S. Small Business Administration. If the small business used the loan funds for approved purposes, such as payroll, the loan could be forgiven by the financial institution and paid for by the U.S. Small Business Administration.

The charge of wire fraud provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss from the offense. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy; Boston Police Commissioner Michael Cox; Jonathan Mellone, Special Agent in Charge of Department of Labor, Office of Inspector General; and Harry T. Chavis Jr, Special Agent in Charge of the Internal Revenue Service Criminal Investigations made the announcement today. Assistant U.S. Attorneys Sarah Hoefle and Lucy Sun of the Organized Crime & Gang Unit are prosecuting the case.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

BOSTON – A Hopkinton man pleaded guilty this week to defrauding the Internal Revenue Service (IRS) and Travelers Insurance Company in relation to wages he paid to employees of his two construction companies.

Dariusz Pietron, 51, pleaded guilty on May 15, 2024 to three counts of failure to collect and pay over employment taxes to the IRS and one count of mail fraud relating to underpaid workers’ compensation insurance premiums. U.S. District Judge Indira Talwani scheduled sentencing for Aug. 28, 2024.  

Between 2012 and October 2018, Pietron owned and operated TJM Construction, Inc. (TJM) and Point Construction, Inc. (Point). Pietron failed to report his employees’ wages to the IRS, failed to withhold required employment taxes and failed to pay employment taxes to the IRS. Pietron also failed to disclose to Travelers Insurance Company the actual wages he paid to employees, which resulted in him paying less in workers’ compensation insurance premiums than what he would have otherwise owed. As part of the scheme, Pietron recruited and paid two employees to establish three shell companies – companies that would make it appear as if TJM and Point’s employees were subcontractors to whom Pietron had no tax obligations. Pietron thereby failed to pay more than $1.1 million in employment taxes and defrauded Travelers of approximately $244,000.

The charge of failure to pay over taxes provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of mail fraud provides for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Pietron has also agreed to pay restitution to the IRS and Travelers Insurance and to forfeit $244,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.  

Acting United States Attorney Joshua S. Levy; Harry Chavis, Jr., Special Agent in Charge of the Internal Revenue Service Criminal Investigation, Boston Field Office; and Katherine Mulligan, Chief of Investigations for the Insurance Fraud Bureau of Massachusetts made the announcement today. Assistant United States Attorney Victor A. Wild of the Securities, Financial & Cyber Fraud Unit is prosecuting the case.  

BOSTON – A Michigan man has been indicted by a federal grand jury in Springfield, Mass. in connection with an alleged scheme to defraud a Northampton construction company of nearly $1 million. 

Jonathan McCormack, 39, of Lapeer, Mich., was indicted on 17 counts of wire fraud and 12 counts of engaging in monetary transactions in criminally derived property of a value greater than $10,000. He will appear in federal court in Springfield at a later date.

According to the indictment, McCormack was employed as a project supervisor for BluRoc, LLC., a construction company based in Northampton, Mass. McCormack also owned and operated JDM Site Services, LLC (JDM), a Michigan-based company that heavy rented equipment to BluRoc.  

It is alleged that between January 2019 through January 2021, McCormack devised a scheme to defraud BluRoc by various means, including submitting materially false JDM invoices for purported equipment usage and by diverting BluRoc labor, equipment and materials for his own personal use and benefit.

To further this scheme, McCormack allegedly entered fraudulent employee time and JDM equipment usage data in BluRoc’s tracking system that overstated both the number of hours the employees, including himself, were working on BluRoc projects as well as the number of hours JDM equipment was actually used. McCormack also allegedly emailed false JDM invoices to BluRoc personnel for inflated amounts that substantially overstated the number of hours the equipment was actually used. It is further alleged that McCormack deposited payments received for these false invoices into a JDM bank account and used the proceeds for his own personal use and benefit – including to purchase and renovate a luxury hunting lodge; make improvements to his personal residence; purchase recreational vehicles including snowmobiles; and repay a loan to his uncle. 

Lastly, McCormack allegedly directed BluRoc workers to conduct work at the luxury hunting lodge he purchased, including clearing an area between the lodge and an adjacent property owned by his uncle; laying timber mats that McCormack had stolen from a BluRoc worksite; and haying and seeding the area with material that he had also stolen from a BluRoc worksite. McCormack then allegedly electronically approved the workers’ time and equipment usage in BluRoc’s tracking system – so that BluRoc, rather than McCormack, paid for their work.

In addition to the charges, the indictment seeks forfeiture of $920,716, the hunting lodge and six Polaris recreational vehicles. 

The charge of wire fraud provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of $250,000. The charge of engaging in monetary transactions in criminally derived property of a value greater than $10,000 provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.  

Acting United States Attorney Joshua S. Levy; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Harry Chavis, Jr., Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorneys Neil Desroches and Steven H. Breslow of the Springfield Branch Office are prosecuting the case.  

The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – The former owner of a now-defunct luxury home building business in West Springfield pleaded guilty yesterday to conspiring to defraud the United States and creating false documents to help one of his clients obtain a mortgage.

Kent Pecoy, 66, of San Marco, Fla., previously of Wilbraham, pleaded guilty to two counts of conspiracy to defraud the United States and one count of making a false statement to a federally insured financial institution. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Aug. 20, 2024. 

Kent Pecoy was previously indicted in December 2019 along with his son, Jason Pecoy, and Kevin M. Kennedy, the former owner of a golf management company, for allegedly conspiring to defraud the United States by concealing cash payments for the construction of Kennedy’s two homes in East Longmeadow and West Dennis. The defendants were later charged in a superseding indictment in January 2020. On April 24, 2024, Kennedy was sentenced to 13 months in prison after being convicted by a federal jury for conspiracy to defraud the United States and making a false statement to a federally insured financial institution. Jason Pecoy had pleaded not guilty and is pending trial.

Kent Pecoy owned and operated Kent Pecoy & Sons, Construction Inc. (KPSC) – a West Springfield-based commercial and luxury home construction company – as well as Sturbridge Development, LLC (Sturbridge) and Legacy General Contractors, LLC (Legacy). KPSCI constructed two homes for Kennedy in East Longmeadow and West Dennis – for which Kennedy paid Kent Pecoy in cash. 

From 2009 through 2016, Pecoy conspired with others to conceal income from the IRS by dealing in cash. Specifically, Pecoy received $1,116,900 in cash payments from Kennedy for the purchase and construction of custom-built homes in East Longmeadow and on Cape Cod. Kent Pecoy failed to deposit most of the cash into business bank accounts, and instead distributed the cash directly to vendors and subcontractors. For the payments Kent Pecoy did deposit, he deposited the cash in amounts less than $10,000 to avoid the filing of currency transaction reports.

 Kent Pecoy also created and maintained separate ledgers documenting Kennedy’s cash payments, created and maintained false contracts and cover sheets and created false entries in KPSC’s accounting system to conceal the cash payments. 

Additionally, in January 2010, Kent Pecoy and Kennedy made false statements to Charles Schwab Bank on a loan to Kennedy and his wife for the construction of a residence in East Longmeadow in an attempt to conceal $160,000 cash down payment. These false statements included understating the sale price of the residence lot, the price of the construction and the deposit and earnest money paid by Kennedy.

The charge of making a false statement to a federally insured financial institution provides for a sentence of up to 30 years in prison, five years of supervised release and a fine of $1 million. Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors. The conspiracy charges provide for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy and Harry Chavis, Jr., Special Agent in Charge of the Internal Revenue Service Criminal Investigation, Boston Field Office made the announcement today. Assistant U.S. Attorneys Steven H. Breslow and Neil L. Desroches of the Springfield Branch Office are prosecuting the case along with Trial Attorney Eric B. Powers of the Justice Department’s Tax Division.

The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Brockton man was arrested today on charges that he bribed a road test examiner to issue driver’s licenses to individuals who did not pass or even take road tests at the Registry of Motor Vehicles (RMV) in Brockton.

Carlos Cardoso, 70, was indicted by a federal grand jury sitting in Boston on five counts of honest services mail fraud and one count of conspiracy to commit honest services mail fraud. He will appear in federal court in Boston at 2 p.m. this afternoon.

According to the indictment, Cardoso, the owner of a driving school, paid cash bribes totaling $20,000 - $30,000 to a road test examiner at the Brockton RMV service center to misrepresent to the RMV that certain driver’s license applicants had passed their road test when, in fact, they had not. It is alleged that some of the applicants did not even show up to take the test. As a result of the fraud, the RMV mailed driver’s licenses to unqualified applicants.

The charge of honest services mail fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. The charge of conspiracy to commit honest services mail fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.  

Acting United States Attorney Joshua S. Levy; Michael J. Krol, Special Agent in Charge of Homeland Security Investigations in New England; and Christopher A. Scharf, Special Agent in Charge, U.S. Department of Transportation Office of Inspector General, Northeast Region made the announcement today. Assistant U.S. Attorneys Christine Wichers and Adam Deitch of the Public Corruption & Special Prosecutions Unit are prosecuting the case.

The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A California man has been charged for allegedly conspiring to sell the illegal depressant Etizolam over the internet.

Paul Z. Lamberty, 52, of Folsom, Calif., was charged in a two-count information with one count of conspiracy to defraud the United States and one count of the introduction of misbranded drugs with the intent to defraud and mislead. He will appear in federal court in Boston at a later date. 

According to the charging documents, Lamberty operated websites encern.com and ohmod.com to sell the drug Etizolam to customers throughout the United States, including customers in Massachusetts. The Food and Drug Administration (FDA) has not approved Etizolam for use as a drug, and thus it cannot be sold or prescribed in the United States. Despite this, Lamberty allegedly purchased drugs from suppliers in China, imported those drugs into the United States and sold the drugs with false labelling stating that the products were sold “For Research Purposes Only,” and “Not for Human Consumption.” 

According to the charging documents, Etizolam is a drug known as a thienodiazepine – a class of drugs chemically related to benzodiazepines, which produce central nervous system depression. Physicians may prescribe FDA-approved benzodiazepines to treat insomnia and anxiety, but benzodiazepines and thienodiazepines also carry risks of dependency, toxicity and even fatal overdose, particularly when combined with other central nervous system depressants.

The charge of conspiracy to defraud the United States provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of introduction of misbranded drugs with the intent to defraud and mislead provides for a sentence up to three years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes that govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy; Fernando P. McMillan, Special Agent in Charge of the New York Field Office of the U.S. Food and Drug Administration, Office of Criminal Investigations; and Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division made the announcement today. Assistant U.S. Attorneys Jared C. Dolan and Lauren A. Graber of the Criminal Division are prosecuting the case.

The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Brockton man pleaded guilty yesterday to his role in a large-scale drug trafficking conspiracy in and around the Quincy and Weymouth areas.

Neylton Fontes, 36, pleaded guilty to possession with intent to distribute controlled substances, including cocaine, fentanyl and fentanyl analogue; and conspiracy to distribute and possess with intent to distribute cocaine, fentanyl and fentanyl analogue. U.S. Senior District Court Judge William G. Young scheduled sentencing for Sept. 16, 2024. Fontes was indicted along with three others in October 2023.

Around January 2021, Fontes possessed with intent to distribute cocaine, fentanyl and fentanyl analogue and participated in a conspiracy to distribute cocaine, fentanyl and fentanyl analogue in Quincy and Weymouth. 

The charges of possession with intent to distribute cocaine, fentanyl, and fentanyl analogue and conspiracy to distribute and possession with intent to distribute each provide for a sentence of up to 20 years in prison, at least three years and up to a lifetime of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case. 

Acting United States Attorney Joshua S. Levy and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Valuable assistance was provided by the Plymouth County Sheriff’s Department; Suffolk County Sheriff’s Department; Massachusetts State Police; and the Brockton, Quincy, Weymouth, Braintree, Boston, Bridgewater, East Bridgewater and Barnstable Police Departments. Assistant U.S. Attorneys Kaitlin R. O’Donnell and Philip A. Mallard of the Organized Crime & Gang Unit are prosecuting the case. 

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Carlisle man has been arrested and charged for allegedly submitting fraudulent Paycheck Protection Program (PPP) loan applications on behalf of multiple companies he owns and controls.  

Durgaprasad Rao, 65, was charged with two counts of wire fraud. Rao was arrested yesterday and will make an initial appearance in federal court in Boston at 2 p.m. this afternoon. He remains in custody pending a detention hearing scheduled for May 17, 2024.

According to the charging documents, Rao is the owner and operator of Accelerated Engineering, LLC., a product engineering service provider, and Upstream Global Services, Inc., a software company that provides software consulting services and temporary staffing needs. 

It is alleged that, between April 2020 and May 2021, Rao submitted numerous fraudulent applications seeking over $18 million in PPP funds for various companies in multiple states including companies in Massachusetts, Wisconsin and Georgia. Nine of the fraudulent PPP loan applications Rao allegedly submitted were for companies he owned and controlled. For Rao’s Massachusetts-based companies, he received nearly $7 million in PPP loans – of which, $1.5 million was approved for forgiveness. 

Rao’s PPP loan applications allegedly contained false statements regarding payroll and the number of employees that worked for his companies and included fraudulent supporting documents, including false tax return documents and false payroll records. It is further alleged that Rao misused the funds he received by, among other things, transferring the funds to foreign businesses he owned and purchasing a luxury condominium in New York City.       

The charges of wire fraud each provide for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.  

Acting United States Attorney Joshua S. Levy; Harry Chavis, Jr., Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation Division, Boston Field Office; Ketty Larco Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; and Carlisle Police Chief Andrew Amendola made the announcement today. Assistant U.S. Attorneys Brian Sullivan and David Tobin of the Major Crimes Unit are prosecuting the case.  

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus and https://www.justice.gov/coronavirus/combatingfraud. 
    
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form.

The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – An East Boston man pleaded guilty yesterday to possessing and distributing child sexual abuse material (CSAM).

Cristopher Vladimir Pineda Martinez, 25, pleaded guilty to one count of possession of child pornography and one count of distribution of child pornography. U.S. District Judge Richard G. Stearns scheduled sentencing for Aug. 14, 2024. Pineda was arrested and charged by criminal complaint in January 2023 and has remained in federal custody since. 

Law enforcement identified Pineda as member of several private large-scale group chats involved in the distribution of CSAM on an online chat platform. On Dec. 12, 2022, Pineda distributed eight videos depicting CSAM in three online chat groups. An additional 54 videos of CSAM, involving children as young as six years old, were found within an application on Pineda’s personal cell phone.

The charge of possession of child pornography provides for a sentence of up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. The charge of distribution of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, a mandatory minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy and Michael J. Krol, Special Agent in Charge of Homeland Security Investigations in New England made the announcement today. Valuable assistance was provided by the United States Postal Inspection Service and Immigration and Customs Enforcement, Enforcement and Removal Operations. Assistant U.S. Attorney Elianna J. Nuzum of the Major Crimes Unit is prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

Cape Cod Hospital, based in Hyannis, Massachusetts, has agreed to pay $24.3 million to resolve False Claims Act allegations that it knowingly submitted claims to Medicare for transcatheter aortic valve replacement (TAVR) procedures that failed to comply with Medicare rules specifying the way in which hospitals were required to evaluate patient suitability for the procedures.

Beginning in 2015, Cape Cod Hospital began offering TAVR procedures for patients suffering from aortic stenosis, a serious heart condition that restricts blood flow from the heart to rest of the body. A TAVR procedure involves replacing a patient’s damaged heart valve with an artificial one. Medicare rules at the time required that, prior to performing a TAVR procedure, hospitals engage specified clinical personnel to conduct an independent examination of prospective patients to evaluate their suitability for TAVR, document the rationale for their clinical judgment and make the rationale available to the medical team performing the TAVR procedure. The settlement resolves allegations that from Nov. 1, 2015, through Dec. 31, 2022, Cape Cod Hospital knowingly submitted hundreds of claims to Medicare for TAVR procedures that did not comply with the applicable Medicare requirements. In some instances, not enough physicians examined a patient’s suitability for the procedure, while in other instances the physicians failed to document and share their clinical judgment with the medical team responsible for the TAVR procedure.  

“Hospitals that participate in the Medicare program must abide by applicable coverage and reimbursement rules,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will hold healthcare providers accountable when they knowingly fail to comply with Medicare reimbursement requirements.”

“Medicare permitted coverage for this newly developed cardiac procedure only under certain conditions to ensure patient safety. Cape Cod Hospital ignored those rules and received millions of dollars from Medicare to which it was not entitled. This conduct persisted for years despite internal warnings,” said Acting U.S. Attorney Joshua S. Levy for the District of Massachusetts. “This investigation and settlement ensures that patient safety is prioritized over a hospital’s bottom line.”

In connection with the settlement, Cape Cod Hospital has entered into a five-year corporate integrity agreement with the Department of Health and Human Services, Office of Inspector General (HHS-OIG), which provides for an annual review of its paid Medicare claims by an Independent Review Organization.

“Health care providers are expected to follow Medicare rules and bill properly,” said Special Agent in Charge Roberto Coviello of HHS-OIG. “We are committed to pursuing allegations of False Claims Act violations as we work to protect the integrity of the taxpayer-funded Medicare program, and we encourage the public to come forward with information about such conduct.”

Cape Cod Hospital received credit under the department’s guidelines for taking disclosure, cooperation and remediation into account in False Claims Act cases. Among other actions, Cape Cod Hospital voluntarily produced materials, identified the relevant medical records, admitted that it failed to adhere to the applicable Medicare requirements and implemented appropriate remedial measures.

The claims resolved by the resolution announced today include claims that were brought under the qui tam or whistleblower provisions of the False Claims Act by Richard Zelman, a physician formerly employed by Cape Cod Hospital. Under the Act, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. Zelman v. Cape Cod Hospital, No. 1:22-cv-11204 (D. Mass.). As part of today’s resolution, Dr. Zelman will receive approximately $4.36 million.

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of Massachusetts, with assistance from HHS-OIG and the FBI.

The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to HHS at 800-HHS-TIPS (800-447-8477).

Trial Attorney Kimya Saied of the Fraud Section and Assistant U.S. Attorney Andrew A. Caffrey, III for the District of Massachusetts handled the matter.

Except for the facts admitted by Cape Cod Hospital, the claims in the complaint are allegations only, and there has been no determination of liability.

Settlement

BOSTON – Cape Cod Hospital has agreed to pay $24.3 million to resolve allegations that it knowingly submitted claims to Medicare for transcatheter aortic valve replacement (TAVR) procedures that failed to comply with Medicare rules specifying the way in which hospitals were required to evaluate patient suitability for the procedures. 

Beginning in 2015, Cape Cod Hospital began offering TAVR procedures for patients suffering from aortic stenosis, a serious heart condition that restricts blood flow from the heart to the rest of the body. A TAVR procedure involves replacing a patient’s damaged heart valve with an artificial one. Medicare rules at the time required that, prior to performing a TAVR procedure, hospitals engage specified clinical personnel to conduct an independent examination of prospective patients to evaluate their suitability for TAVR; document the rationale for their clinical judgment; and make the rationale available to the medical team performing the TAVR procedure. 

The settlement resolves allegations that from November 2015 through December 2022, Cape Cod Hospital knowingly submitted hundreds of claims to Medicare for TAVR procedures that did not comply with the applicable Medicare requirements. In some instances, not enough physicians examined a patient’s suitability for the procedure, while in other instances the physicians failed to document and share their clinical judgment with the medical team responsible for the TAVR procedure. 

“Medicare permitted coverage for this newly developed cardiac procedure only under certain conditions, to ensure patient safety. Cape Cod Hospital ignored those rules and received millions of dollars from Medicare to which it was not entitled. This conduct persisted for years despite internal warnings,” said Acting United States Attorney Joshua S. Levy for the District of Massachusetts. “This investigation and settlement ensure that patient safety is prioritized over a hospital’s bottom line.”

“Hospitals that participate in the Medicare program must abide by applicable coverage and reimbursement rules,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will hold healthcare providers accountable when they knowingly fail to comply with Medicare reimbursement requirements.”

“Health care providers are expected to follow Medicare rules and bill properly,” said Roberto Coviello, Special Agent in Charge with the U.S. Department of Health and Human Services, Office of Inspector General.  “We are committed to pursuing allegations of False Claims Act violations as we work to protect the integrity of the taxpayer-funded Medicare program, and we encourage the public to come forward with information about such conduct.”

In connection with the settlement, Cape Cod Hospital has entered into a five-year Corporate Integrity Agreement with the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), which provides for an annual review of its paid Medicare claims by an Independent Review Organization.

Cape Cod Hospital received credit under the Department’s guidelines for taking disclosure, cooperation, and remediation into account in False Claims Act cases. Among other actions, Cape Cod Hospital voluntarily produced materials, identified the relevant medical records, admitted that it failed to adhere to the applicable Medicare requirements and implemented appropriate remedial measures. 

The claims resolved by the resolution announced today include claims that were brought under the qui tam or whistleblower provisions of the False Claims Act. Under the Act, a private party can file an action on behalf of the United States and receive a portion of any recovery. As part of today’s resolution, the whistleblower will receive approximately $4.36 million.

The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to HHS at 800-HHS-TIPS (800-447-8477).

Acting U.S. Attorney Levy; Principal Deputy AAG Boynton; and HHS-OIG SAC Coviello made the announcement today. Assistant U.S. Attorney Andrew A. Caffrey, III of the Affirmative Civil Enforcement Unit handled the matter along with Trial Attorney Kimya Saied of the Department of Justice’s Fraud Section.

BOSTON – A Providence man was sentenced today in federal court in Worcester for selling oxycodone pills on multiple occasions to an undercover officer.  

Brandon Jones, 35, was sentenced by U.S. District Court Judge Margaret R. Guzman to six years in prison, to be followed by three years of supervised release. In October 2023, Jones pleaded guilty to one count of possession with intent to distribute oxycodone and two counts of distribution of oxycodone. 

In July 2022, Jones was identified as an oxycodone distributor in the Worcester area. Specifically, Jones traveled to Worcester in rental vehicles on a daily basis to sell drugs throughout the area before returning to Providence. On at least four occasions between October 2022 and January 2023, Jones met with undercover law enforcement to distribute oxycodone pills in controlled purchases. In February 2023, the rental cars Jones had been using were tracked to his supply source in New Jersey and New York. At the time of his arrest in March 2023, Jones was found in possession of approximately 1,500 oxycodone pills. 

Acting United States Attorney Joshua S. Levy; Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Southbridge Police Chief Shane D. Woodson made the announcement today. Valuable assistance in the investigation was provided by the U.S. Attorney’s Office for the District of Rhode Island and the Rhode Island State Police. Assistant U.S. Attorney Kristen M. Noto of the Worcester Branch Office prosecuted the case.  

BOSTON – A Boston-area man was sentenced yesterday for his role in a violent Boston street gang as well as gun and drug trafficking charges.

Kenny Romero, a/k/a “KG,” 29, was sentenced by U.S. Senior District Court Judge William G. Young to 63 months in prison and three years of supervised release after pleading guilty in November 2023 to one count of conspiracy to participate in a racketeering enterprise (more commonly referred to as RICO or racketeering conspiracy); three counts of distribution and possession with intent to distribute cocaine; and three counts of being a felon in possession of a firearm and ammunition. Romero was also sentenced to 24 months in prison, to be served consecutively, for committing the offenses while on federal supervised release. 

According to court documents, Cameron Street is a violent gang based largely in Dorchester that uses violence and threats of violence to preserve, protect and expand its territory, promote a climate of fear and enhance its reputation. Cameron Street members also allegedly distribute narcotics and firearms, commit armed robberies and engage in human trafficking. Additionally, members allegedly post videos or use social media applications to promote Cameron Street, celebrate murders and other violent crimes committed by the gang and denigrate rivals – in particular the NOB gang – an abbreviation for the Norton/Olney/Barry Streets in Dorchester. 

Romero had a “3113” tattoo, which referred to the third, first and 13th letters of the alphabet (“C,” “A,” “M”):

During a two-year investigation, Romero was recorded selling eight firearms, as well as ammunition, cocaine base and cocaine to a cooperating witness who Romero believed was a member of Cameron Street:

Data from Romero’s cell phone and Snapchat accounts determined that Romero generated income for Cameron Street through gun and drug sales as well as human trafficking.

At the time of Romero’s conduct, he was on supervised release for a 2019 federal conviction for interstate transportation of a firearm, for which he was sentenced to 21 months in prison. 

Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Boston Police Commissioner Michael Cox made the announcement today. Valuable assistance was provided by the Massachusetts State Police; Suffolk County Sheriff’s Office; Suffolk, Plymouth, Norfolk and Bristol County District Attorney’s Offices; and the Canton, Quincy, Randolph, Somerville, Brockton, Malden, Stoughton, Rehoboth and Pawtucket (R.I.) Police Departments. Assistant U.S. Attorneys Christopher Pohl and Charles Dell’Anno of the Criminal Division prosecuted the case.

This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The details contained in the charging document are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law. 

BOSTON – A former Milford teacher was sentenced today in federal court in Worcester for possessing child sexual abuse material (CSAM). 

Vincent Kiejzo, 36, was sentenced by U.S. District Court Judge Margaret R. Guzman to 42 months in prison, to be followed by five years of supervised release. Kiejzo was also ordered to pay $43,500 in restitution to victims. In December 2024, Kiejzo pleaded guilty to one count of possession of child pornography. 

In or around May 2019, an IP address registered to Kiejzo was linked to two websites known to host videos, photos and discussions of content depicting the sexual exploitation of minor victims. During a search of Kiejzo’s Milford home in September 2020, a USB drive plugged into a television in his bedroom was located and found to contain links to websites dedicated to child sexual exploitation. The USB drive also contained well as over 6,000 images of CSAM – including images that involved infants. 

At the time of his arrest, Kiejzo was a second-grade teacher in Milford. Upon his release from prison, Kiejzo will be required to register as a sex offender and will be prohibited from contact with children.

Acting United States Attorney Joshua S. Levy and Michael J. Krol, Special Agent in Charge of the Homeland Security Investigations in New England made the announcement. The Milford Police Department also assisted with the investigation. Assistant U.S. Attorney Kristen Noto of the Worcester Office prosecuted the case. 

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc. 

BOSTON – A Chelsea woman pleaded guilty yesterday in federal court in Boston to conspiring to possess and use false identifications as part of an identity theft scheme to target a wireless company.

Perla Soto, 24, pleaded guilty to an Information charging conspiracy to possess and use more than five false identifications. U.S. District Court Judge Julie E. Kobick scheduled sentencing for Aug. 9, 2024. Soto was originally charged by criminal complaint in March 2024. 

From January 2022 through November 2023, Soto was captured on surveillance video conducting 20 transactions where she posed as customers of a wireless company. These transactions took place in retail stores throughout the United States. 

Soto used counterfeit driver’s licenses and identification bearing her photograph and the personal identifying information of customers of the wireless company in order to conduct transactions at these retail stores. While posing as the customer, Soto would purchase new phones and accessories on the customer’s account. Working as part of a larger group, Soto provided these fraudulently obtained phones and accessories to other coconspirators who would sell them on the black market. 

In total, over 120 customers of the wireless company had their personal information utilized in transactions totaling over $290,000 in fraudulently obtained phones and accessories.

The charge of conspiring to possess of five or more identification documents with intent to use them unlawfully provides for a sentence of up to five years in prison, three years of supervised release a fine of up to $250,000 and restitution. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and John E. Mawn Jr., Interim Colonel of the Massachusetts State Police made the announcement. Assistant U.S. Attorney Philip A. Mallard of the Organized Crime & Gang Unit is prosecuting the case.

BOSTON – A California businessman was sentenced yesterday in federal court in Boston for engaging in a fraudulent scheme to obtain and profit from the sale of penny-stock shares that were later sold for millions of dollars during a sophisticated market manipulation scheme.

Kevin C. Dills, 67, of Carlsbad, Calif., was sentenced by U.S. District Court Judge Richard G. Stearns to time served (approximately five days in prison) and 30 months of home detention. He was also ordered to forfeit $6.12 million. In January 2024, Dills pleaded guilty to one count of securities fraud. Dills was charged in March 2023 along with co-defendant Joseph A. Padilla, who was sentenced in November 2023 to 66 months in prison and one year of supervised release after previously pleading guilty to securities fraud and other charges.

Between October 2020 and July 2021, Dills engaged in a fraudulent scheme to obtain and profit from the sale of unrestricted free-trading shares in the company Oncology Pharma, Inc., a thinly traded company that traded on the over-the-counter securities market under the ticker symbol ONPH. 

Dills fraudulently induced Oncology Pharma’s transfer agent to issue three million unrestricted free-trading ONPH shares to two entities under Dills’ control by, among other means, secretly controlling one of the entities through his girlfriend and not disclosing that control to Oncology Pharma’s transfer agent. Dills then sold the three million shares to two individuals who deposited the shares with the Cayman Islands broker Valor Capital, with which Padilla had a close, unofficial association. Padilla then engaged in manipulative trading in ONPH designed, at least in part, to artificially drive up the company’s stock price, after which Padilla began dumping the ONPH shares—which were under common control—to unsuspecting investors in Massachusetts and throughout the United States during a promotional campaign, generating tens of millions of dollars in illicit profits. Over $6 million from those illicit profits was then transferred to Dills via his two entities between March and June 2021.

Acting United States Attorney Joshua S. Levy and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant United States Attorneys James R. Drabick and Ian J. Stearns of the Securities, Financial & Cyber Fraud Unit prosecuted the case.

BOSTON – A Mexican man pleaded guilty today to illegally reentering the United States after deportation.

Ramon Alfaro-Orona, 39, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. District Court Judge Margaret R. Guzman scheduled sentencing for Aug. 5, 2024. In September 2023, Alfaro-Orona was charged by criminal complaint.   

Alfaro-Orona was deported from the United States on eight prior occasions, with the most recent being Sept. 30, 2014. Sometime after his September 2014 removal, Alfaro-Orona unlawfully reentered the United States. On Aug. 23, 2023, Alfaro-Orona was taken into custody by immigration authorities following his arraignment in Leominster District Court for three counts of larceny by check over $1,200.

Alfaro-Orona was convicted for unlawful reentry on two prior occasions in November 2013 and March 2014.  

The charge of unlawful reentry of a deported alien provides for a sentence of up to 10 years in prison, three years of supervised release, and a fine of up to $250,000. The defendant will be subject to deportation proceedings upon completion of an imposed sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.  

Acting United States Attorney Joshua S. Levy and Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations made the announcement today. Assistant U.S. Attorney Brian Sullivan of the Major Crimes Unit is prosecuting the case.  

The Justice Department announced today that now-bankrupt financial technology company Kabbage Inc., doing business as KServicing, has agreed to resolve allegations that it violated the False Claims Act (FCA) by knowingly submitting thousands of false claims for loan forgiveness, loan guarantees, and processing fees to the U.S. Small Business Administration (SBA) in connection with its participation in the Paycheck Protection Program (PPP). Kabbage is now winding down its operations as KServicing Wind Down Corp. after filing for Chapter 11 bankruptcy in the District of Delaware in October 2022. As part of the resolution announced today, the United States will receive a general unsecured claim in the bankruptcy proceeding.

Congress created the PPP in March 2020, as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act, to provide federally guaranteed loans to small businesses suffering economic hardship due to the COVID-19 pandemic. The PPP is administered by the SBA. The CARES Act authorized private lenders to approve PPP loans for eligible borrowers who could later seek forgiveness of the loans so long as they used loan funds on employee payroll and other eligible expenses. Among other things, participating PPP lenders were required to confirm borrowers’ average monthly payroll costs by reviewing the payroll documentation submitted with the borrower’s application. Lenders were also required to follow applicable Bank Secrecy Act/Anti-Money Laundering (BSA/AML) requirements. Any unforgiven or defaulted PPP loans were guaranteed by the SBA so long as the lender adhered to PPP requirements. Lenders who originated PPP loans were paid a fixed fee calculated as a percentage of the loan amount by the SBA.

“The PPP was intended to provide critical assistance to businesses to alleviate the economic challenges imposed by the pandemic,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to holding accountable lenders that knowingly contributed to the misuse of such funds by approving PPP loans for ineligible borrowers or otherwise failing to comply with applicable program requirements.”

“When the nation was facing a pandemic-induced crisis, Kabbage received tens of millions of dollars through the PPP to help lend taxpayer funds to businesses in need. Instead of safeguarding those funds, Kabbage doled out inflated and fraudulent loans, in an effort to maximize its profits,” said Acting U.S. Attorney Joshua S. Levy for the District of Massachusetts. “Then, Kabbage sold its assets and left the remaining company so low on cash that it ultimately went bankrupt, leaving taxpayers to take the loss for Kabbage’s conduct. This office will continue pursuing any company or individual, like Kabbage, that took advantage of the PPP.”

“Lenders who participated in PPP were trusted on their word that they would comply with PPP requirements and do their part in safeguarding taxpayer funds from fraudsters,” said U.S. Attorney Damien M. Diggs for the Eastern District of Texas. “PPP lenders and lender service providers who broke that trust should be held accountable, as they ignored signs of fraud, and chose profit at the expense of taxpayers and struggling small businesses badly hit by the COVID-19 pandemic. This settlement with Kabbage demonstrates our office’s firm commitment to pursuing all parties who played a part in committing PPP fraud.”

“The PPP Program provided those small businesses affected by the COVID-19 pandemic with forgivable loans for eligible payroll and non-payroll costs,” said General Counsel Therese R. Meers of the SBA. “SBA has made it a top priority to pursue participants in the PPP Program who committed fraud or otherwise abused the program.”

“Today we are sending a clear message that compliance with program rules is non-negotiable, especially when supporting the nation’s small businesses during the pandemic,” said Assistant Inspector General for Investigations Shafee Carnegie of the SBA Office of Inspector General. “This settlement highlights our dedication to preserving the integrity of the PPP and holding entities accountable for misusing taxpayer-funded programs. I want to thank the Justice Department and our law enforcement partners for their support and commitment to pursuing justice in this case."

“It is imperative that entities like Kabbage, which cause harm to federal programs for their own profit, face the consequences of their actions,” said Executive Assistant Director Timothy Langan of the FBI’s Criminal, Cyber, Response and Services Branch. “The FBI and our partners will continue to relentlessly pursue companies that are unwilling to comply with requirements in accordance with the law.”

The resolution announced today addresses two different violations allegedly committed by Kabbage that resulted in the submission and payment of false claims. First, the United States alleged that Kabbage systemically inflated tens of thousands of PPP loans, causing the SBA to guarantee and forgive loans in amounts that exceeded what borrowers were eligible to receive under program rules. As part of the settlement, KServicing Wind Down Corp. admitted and acknowledged that Kabbage: (1) double-counted state and local taxes paid by employees in the calculation of gross wages; (2) failed to exclude annual compensation in excess of $100,000 per employee and (3) improperly calculated payments made by employers for leave and severance. The United States alleged that Kabbage was aware of these errors as early as April 2020, yet Kabbage failed to remedy all incorrect loans that had already been disbursed and continued to approve additional loans with miscalculations.

Second, United States alleged that Kabbage knowingly failed to implement appropriate fraud controls to comply with its PPP and BSA/AML obligations. In particular, the United States alleged that Kabbage removed underwriting steps from its pre-PPP procedures to process a greater number of PPP loan applications and maximize processing fees. The government further alleged that Kabbage knowingly set substandard fraud check thresholds despite knowledge of SBA’s concerns that fraudulent borrowers might seek to benefit from the PPP, relied on automated tools that were inadequate in identifying fraud, devoted insufficient personnel to conduct fraud reviews, discouraged its fraud reviewers from requesting information from borrowers to substantiate their loan requests and submitted to the SBA thousands of PPP loan applications that were fraudulent or highly suspicious for fraud.

As part of the government’s resolution of these claims, the government will receive a total allowed, unsubordinated, general unsecured claim in the bankruptcy proceeding of up to $120 million. The amount the government will recover on this claim will depend on the ultimate amount of assets available to the bankruptcy estate for distribution to unsecured creditors. The resolution also provides for Kabbage Inc. to receive a $12.5 million credit for payments previously returned to the SBA during the department’s investigation of the alleged misconduct.

The claims resolved by the resolution announced today include claims that were brought under the qui tam or whistleblower provisions of the False Claims Act in two actions: one by an accountant who submitted PPP loan applications to Kabbage and other lenders and the other by a former analyst in Kabbage’s collections department. Under the Act, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam cases are captioned U.S. ex rel. Berteletti v. Kabbage, Inc., et al., No. 1:20-cv-12114 (D. Mass.), and U.S. ex rel. Pietschner v. Kabbage, Inc., et al., No. 4:21-cv-110-SDJ (E.D. Tex.).

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Justice Department in partnership with agencies across the federal government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international actors committing civil and criminal fraud and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.

Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also report it by calling the Justice Department’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

The government’s investigation of Kabbage was a coordinated effort among the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, the U.S. Attorney’s Office for the District of Massachusetts and the U.S. Attorney’s Office for the Eastern District of Texas, with valuable assistance provided by the FBI; Federal Reserve Board, Office of Inspector General; Federal Deposit Insurance Corporation, Office of Inspector General and SBA’s Office of General Counsel and Office of the Inspector General. The United States is represented in the bankruptcy proceeding by the Justice Department’s Civil Division, Commercial Litigation Branch, Corporate/ Financial Litigation Section

Fraud Section Trial Attorney Sarah E. Loucks; Assistant U.S. Attorneys Brian M. LaMacchia and Diane Seol for the District of Massachusetts and Assistant U.S. Attorney Betty Young for the Eastern District of Texas handled the matter. Corporate/ Financial Litigation Section Trial Attorneys Alastair Gesmundo, Stanton McManus and Shane Huang represent the United States in the bankruptcy proceeding.

The claims asserted in the settlements are allegations only, and there has been no determination of liability.

DMA Settlement EDTX Settlement

BOSTON – Bankrupt lender Kabbage, Inc. d/b/a KServicing, has agreed to resolve allegations that it knowingly submitted thousands of false claims for loan forgiveness, loan guarantees, and processing fees to the U.S. Small Business Administration (SBA) as part of the Paycheck Protection Program (PPP), in violation of the False Claims Act (FCA). 

Kabbage is now winding down its operations as KServicing Wind Down Corp. after filing for Chapter 11 bankruptcy in the District of Delaware in October 2022. The resolution consists of two separate settlements with KServicing Wind Down Corp., that together provide the United States with an allowed, unsubordinated, general unsecured bankruptcy claim for recovery of up to $120 million. The amount the government will recover on this claim will depend on the ultimate amount of assets available to the bankruptcy estate for distribution to unsecured creditors.

“When the nation was facing a pandemic-induced crisis, Kabbage received tens of millions of dollars through the PPP to help lend taxpayer funds to businesses in need. Instead of safeguarding those funds, Kabbage doled out inflated and fraudulent loans, in an effort to maximize its profits,” said Acting United States Attorney Joshua S. Levy for the District of Massachusetts. “Then, Kabbage sold its assets and left the remaining company so low on cash that it ultimately went bankrupt, leaving taxpayers exposed to the risk of loss caused by Kabbage’s conduct. This office will continue pursuing any company or individual, like Kabbage, that took advantage of the PPP.”

“The PPP was intended to provide critical assistance to businesses to alleviate the economic challenges imposed by the pandemic,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to holding accountable lenders that knowingly contributed to the misuse of such funds by approving PPP loans for ineligible borrowers or otherwise failing to comply with applicable program requirements.”

“Lenders who participated in PPP were trusted on their word that they would comply with PPP requirements and do their part in safeguarding taxpayer funds from fraudsters,” said United States Attorney Damien M. Diggs for the Eastern District of Texas. “PPP lenders who broke that trust should be held accountable, as they ignored signs of fraud, and chose profit at the expense of taxpayers and struggling small businesses badly hit by the COVID-19 pandemic. This settlement with Kabbage demonstrates our office’s firm commitment to pursuing all parties who played a part in committing PPP fraud.”  

“The PPP Program provided those small businesses affected by the COVID-19 pandemic with forgivable loans for eligible payroll and non-payroll costs,” said SBA General Counsel Therese R. Meers. “SBA has made it a top priority to pursue participants in the PPP Program who committed fraud or otherwise abused the program.”

“Today we are sending a clear message that compliance with program rules is non-negotiable, especially when supporting the nation’s small businesses during the pandemic,” said SBA OIG’s Assistant Inspector General for Investigations Shafee Carnegie. “This settlement highlights our dedication to preserving the integrity of the Paycheck Protection Program and holding entities accountable for misusing taxpayer-funded programs. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their support and commitment to pursuing justice in this case.” 

“Today’s settlement resolves allegations that this financial services company sought to cash in on a public health crisis by inflating the loan applications of small business owners as well as intentionally profiting off of fraudulent loan applications,” said Jodi Cohen, Special Agent in Charge of the FBI Boston Division. “Anyone who tries to defraud the government and taxpayers like this will be held accountable by the FBI and our partners because every dollar diverted for fraudulent reasons is a dollar not available for legitimate applicants in need.”

The first settlement, which provides the United States with a claim for recovery of up to $63.2 million, resolves allegations that Kabbage systemically inflated tens of thousands of PPP loans, causing the SBA to guarantee and forgive loans in amounts that exceeded what borrowers were eligible to receive under program rules. As part of the settlement, KServicing Wind Down Corp. admitted and acknowledged that Kabbage double-counted state and local taxes paid by employees in the calculation of gross wages; failed to exclude annual compensation in excess of $100,000 per employee; and improperly calculated payments made by employers for leave and severance.  The United States alleged that Kabbage was aware of its errors as early as April 2020, yet Kabbage failed to remedy all incorrect loans that had already been disbursed and continued to approve additional loans with miscalculations. The resolution also provides for Kabbage to receive a $12.5 million credit for payments it previously returned to the SBA during the Department’s investigation of this alleged misconduct.

The second settlement, which provides the United States with a claim for recovery of up to $56.7 million, resolves allegations that Kabbage knowingly failed to implement appropriate fraud controls to comply with its PPP and BSA/AML obligations. In particular, the United States allege that Kabbage removed underwriting steps from its pre-PPP procedures in order to process a greater number of PPP loan applications and maximize processing fees. The government further alleged that Kabbage knowingly set substandard fraud check thresholds despite knowledge of SBA’s concerns that fraudulent borrowers might seek to benefit from the PPP; relied on automated tools that were inadequate in identifying fraud; devoted insufficient personnel to conduct fraud reviews; discouraged its fraud reviewers from requesting information from borrowers to substantiate their loan requests; and submitted to the SBA thousands of PPP loan applications that were fraudulent or highly suspicious for fraud. 

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act in two actions, one by an accountant who submitted PPP loan applications to Kabbage and other lenders; and the other by a former legal analyst in Kabbage’s collections department. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam cases are captioned United States ex rel. Berteletti v. Kabbage, Inc., et al., No. 1:20-cv-12114-GAO (D. Mass.) and United States ex rel. Pietschner v. Kabbage, Inc., et al., No. 4:21-cv-110-SDJ (E.D. Tex.).  

Congress created the PPP in March 2020, as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act, to provide federally guaranteed loans to small businesses suffering economic hardship due to the COVID-19 pandemic. The SBA administers the PPP. The CARES Act authorized private lenders to approve PPP loans for eligible borrowers who could later seek forgiveness of the loans, so long as they used loan funds on employee payroll and other eligible expenses. Among other things, the Cares Act/SBA required participating PPP lenders to confirm borrowers’ average monthly payroll costs by reviewing the payroll documentation submitted with the borrower’s application.  The Cares Act/SBA also required lenders to follow applicable Bank Secrecy Act/Anti-Money Laundering (BSA/AML) requirements. So long as the lender adhered to PPP requirements, the SBA guaranteed any unforgiven or defaulted PPP loans. The SBA paid a fixed fee calculated as a percentage of the loan to lenders who originated PPP loans.  

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The task force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus. 

Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form. 

Acting U.S. Attorney Levy; Principal Deputy AAG Boynton; U.S. Attorney Featherston; GC Meers; Assistant IG Carnegie and FBI SAC Cohen made the announcement today. Valuable assistance was provided by the Federal Reserve Board, Office of Inspector General; the Federal Deposit Insurance Corporation, Office of Inspector General; and SBA’s Office of General Counsel and Office of the Inspector General. This matter was handled by Assistant U.S. Attorney Brian M. LaMacchia, Chief of the Affirmative Civil Enforcement Unit and Assistant U.S. Attorney Diane Seol for the U.S. Attorney’s Office for the District of Massachusetts; Fraud Section Trial Attorney Sarah E. Loucks; and Assistant U.S. Attorney Betty Young for the U.S. Attorney’s Office for the Eastern District of Texas. Corporate/ Financial Litigation Section Trial Attorneys Alastair Gesmundo, Stanton McManus and Shane Huang represented the United States in the bankruptcy proceeding.

BOSTON – A Boston man was arrested today for allegedly aiming a high-powered laser pointer at a Coast Guard helicopter that was attempting to land at Massachusetts General Hospital during a training mission.  

Philip Gagnon, 59, was arrested and indicted on one count of aiming a laser pointer at a Coast Guard helicopter. He was released on conditions following an initial appearance in federal court in Boston earlier today.

 According to the indictment, on the evening of Sept. 21, 2023, Coast Guard helicopter 6039 was attempting to land at the Massachusetts General Hospital (MGH) as part of a routine training mission with four crew members on board. It is alleged that, as the helicopter descended towards MGH, Gagnon knowingly aimed a high-powered green laser beam at the helicopter from inside his apartment. The laser beam allegedly illuminated the side of the helicopter and shone through the helicopter’s windows. In response, the pilot aborted the MGH landing and flew north for several miles, eventually landing at another Boston area hospital.

The charge of aiming a laser pointer at an aircraft provides for a sentence of up to five years in prison, three years of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy and Steven Firth, Acting Special Agent in Charge of the United States Coast Guard Investigative Service Northeast Field Office made the announcement today. Assistance U.S. Attorney Jason A. Casey of the National Security Unit is prosecuting the case.

The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – An Oklahoma man has been indicted by a federal grand jury in Boston for allegedly throwing a pipe bomb at The Satanic Temple (TST) in Salem, Mass. on April 8, 2024. 

Sean Patrick Palmer, 49, of Perkins, Okla., was indicted on one count of using fire and an explosive to damage and attempt to damage a building used in interstate or foreign commerce. Palmer was initially charged by criminal complaint and arrested on April 17, 2024 in Perkins, Okla. He subsequently appeared in federal court in the Western District of Oklahoma, where the Court ordered Palmer detained and transferred to the District of Massachusetts. He will appear in federal court in Boston at a later date.

TST is a non-theistic religious organization headquartered in Salem, Mass. According to the charging documents, at approximately 4:14 a.m. on April 8, 2024, surveillance cameras captured a man, subsequently identified as Palmer, walking towards TST wearing a black face covering, a tan-colored tactical vest and gloves. It is alleged that as Palmer approached TST, he ignited a pipe bomb – a type of improvised explosive device or “IED” – threw it at TST’s main entrance and ran away. Seconds later, the IED partially detonated causing minor fire and related damage to TST’s exterior. 

According to the charging documents, the pipe bomb was constructed from a section of plastic pipe covered with metal nails attached to the pipe with tape. The inside of the pipe was filled with a powder-like substance, preliminarily identified as smokeless gunpowder. DNA from a Caucasian male was found on the outside of the IED.

It is alleged that a six-page handwritten note was found in a flower bed adjacent to TST, near the area where Palmer allegedly threw the IED. Among other things, the letter stated: 

DEAR SATANIST
ELOHIM SEND ME 7 MONTHS AGO TO GIVE YOU
PEACEFUL MESSAGE TO HOPE YOU REPENT. YOU SAY
NO, ELOHIM NOW SEND ME TO SMITE SATAN AND I
HAPPY TO OBEY. AND ELOHIM WANT ME TO CONTACT
YOU TO TELL YOU REPENT. TURN FROM SIN. ELOHIM
NO LIKE THIS PLACE AND PLAN TO DESTROY IT. MAYBE
SALEM TOO? ELOHIM SEND ME TO FIGHT CRYBABY
SATAN, BUT WANT ME TO MAKE HARD EFFORT SO NO
ONE DIES. I OBEY.

The charge of using fire or an explosive to cause damage to a building used in interstate or foreign commerce provides for a sentence of at least five years and up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Lucas J. Miller, Chief of the Salem Police Department made the announcement today. Valuable assistance was provided by the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Massachusetts State Police; Federal Bureau of Investigation’s Oklahoma City Field Office; Payne County Sherriff’s Office; Oklahoma Highway Patrol; the United States Attorney’s Office for the Western District of Oklahoma; and Stillwater (Okla.) Police Department. Assistant U.S. Attorney Jason A. Casey of the National Security Unit is prosecuting the case.

The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Quincy man was charged today in federal court in Boston for allegedly distributing fentanyl to obtain four firearms.

Caesar Ross, 40, was charged by Information with one count of firearms trafficking and one count of distribution and possession with intent to distribute fentanyl. Ross was previously arrested on related charges in September 2023 and has remained in federal custody since.
 
According to court documents, in 2022, an investigation began into Ross and others for allegedly engaging in firearms trafficking and other violations of federal firearms and drug laws. It is alleged that in September 2023, Ross met with a cooperating witness in Quincy to whom he provided 60 grams of fentanyl in exchange for four firearms, each of which had no visible serial number: a Beretta 92F, 9 parabellum, pistol; a Beretta 96 Brigadier elite IA, .40S&W pistol; a Glock 22, .40S&W pistol; and a FN Herstal 5.7, 5.7x28 pistol. Ross was immediately taken into custody.
 
Ross is prohibited from possessing a firearm or ammunition due to a prior felony conviction.
 
The charge of firearms trafficking provides for a sentence of up to 15 years in prison, three years of supervised release and a fine of up to $250,000. The charge of distribution and possession with intent to distribute controlled substances provides for a sentence of up to 20 years in prison, at least three years and up to a lifetime of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
 
Acting United States Attorney Joshua S. Levy and James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Feld Division made the announcement today. Valuable assistance was provided by the Drug Enforcement Administration, New England Division and the Quincy Police Department. 
 
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
 
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Connecticut doctor was sentenced yesterday in federal court in Boston for receiving kickbacks in exchange for ordering medically unnecessary brain scans. 

Dr. Donald Salzberg, 69 of Avon, Conn., was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to one year and one day in prison, to be followed by one year of supervised release. Salzberg was also ordered to pay $1.34 million in restitution to Medicare, Medicaid and private insurers. In July 2022, Salzberg pleaded guilty to one count of conspiracy to commit health care fraud and one count of conspiracy to receive kickbacks. 

Salzberg, a licensed medical doctor in the State of Connecticut for nearly 40  years, owned and operated Donald J. Salzberg, M.D., an ophthalmology practice in West Hartford, Conn. From 2014 through 2019, Salzberg conspired with a principal for a medical diagnostics company that performed transcranial doppler (TCD) scans – brain scans that measure blood flow in parts of the brain – to order hundreds of medically unnecessary TCD scans in exchange for kickbacks. Salzberg and his co-conspirator used false patient diagnoses to order the unnecessary brain scans, for which the co-conspirator would submit claims to Medicare and other insurance companies on behalf of the medical diagnostic company for payment. In exchange, Salzberg was paid cash kickbacks of $100 to $125 per test that he ordered, as well as sham administrative services fees. The scheme resulted in fraudulent bills of over $3 million to Medicare and private insurance companies.  

Acting United States Attorney Joshua S. Levy; Roberto Coviello, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General; Jodi Cohen, Special Agent in Charge of the FBI Boston Division; Harry Chavis, Jr., Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation Division, Boston Field Office; Carol S. Hamilton, Regional Director of the U.S. Department of Labor, Employee Benefits Security Administration, Boston Regional Office; Ketty Larco Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; and Christopher Algieri, Special Agent in Charge of the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office made the announcement. Assistant U.S. Attorney Howard Locker of the Health Care Fraud Unit prosecuted the case.

BOSTON – A Colombian businessman has been sentenced for his participation in a money laundering conspiracy. 

Willian Acosta-Calderin, 53, was sentenced on May 8, 2024 by U.S. District Court Judge Richard G. Stearns to 40 months in prison. The defendant will be subject to deportation proceedings upon completion of the imposed sentence. In February 2024, Acosta-Calderin pleaded guilty to money laundering conspiracy and conducting substantive money laundering transactions.

Beginning in 2016 and continuing until 2022, an investigation into a money laundering organization based primarily in Barranquilla, Colombia was conducted. An undercover agent infiltrated the organization by portraying himself as an international money launderer able to pick up bulk cash throughout the world, launder the proceeds through his United States-based accounts and send the money to Colombia through the Black Market Peso Exchange – a common method of trade-based money laundering used to repatriate the proceeds of drug trafficking to Colombia.

Acosta-Calderin was a business owner in Colombia who used his business bank account to receive drug proceeds in Colombia. During the course of the conspiracy, Acosta-Calderin received over $1.5 million in wire transfers to his account. After receipt, Acosta-Calderin withdrew the funds from his account to pay out the money in Colombia to the owners. Acosta-Calderin also created fake invoices to mask the true source of the funds and evade anti-money laundering protocols. Acosta-Calderin gave the fake invoices to the undercover agent to support the transactions. During text communications with the undercover agent, Acosta-Calderin said that he could receive up to $400,000 at a time without having to worry about regulators.

Acting United States Attorney Joshua S. Levy and Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Assistant U.S. Attorneys Jared C. Dolan and Alathea E. Porter prosecuted the case.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The details contained in the charging document are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Springfield man was sentenced yesterday for possessing cocaine intended for distribution while on supervised release for a prior heroin distribution conviction.

Hector Quinones, 45, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 42 months in prison, followed by three years of supervised release. Quinones was indicted by a federal grand jury in April 2022. 

At the time, Quinones was on supervised release for a 2018 conviction for conspiracy to distribute heroin in the District of Connecticut. Quinones was also convicted for possession with intent to distribute in the  Rhode Island as well as a 2016 conviction for delivering heroin in Rhode Island. Quinones was sentenced to two years to be served consecutively for the supervised release violation.

Acting United States Attorney Joshua S. Levy; Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration in New England; and Lawrence Akers, Superintendent of the Springfield Police Department made the announcement. Assistant U.S. Attorney Todd E. Newhouse of the Springfield Branch Office prosecuted the case. 

BOSTON – A Brooklyn, N.Y. man was arrested today in connection with a scheme to steal over $3 million in COVID relief tax credits using the stolen identity of a corporate executive in New Jersey.

Isaiah Aaron Tenryk, 28, was charged with bank fraud and aggravated identity theft. Following an initial appearance in federal court in Boston earlier today, Tenryk was detained pending a hearing scheduled for May 16, 2024.

According to the charging documents, Tenryk used a fraudulent driver’s license as well as the name and Social Security number of a corporate executive in New Jersey to open an account at a bank in Boston. He then allegedly deposited an approximately $3 million Employee Retention Tax Credit check payable to the executive’s company into the fraudulent account.  

The charge of bank fraud provides for a sentence of up to 30 years in prison, five years of supervised release and a fine of up to $1 million. The charge of aggravated identity theft provides for a mandatory two-years in prison in addition to any sentence imposed for bank fraud, one year of supervised release and a fine of up to $250,000.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy; Harry Chavis, Jr., Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation Division, Boston Field Office; and Ketty Larco Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division made the announcement today. Assistant U.S. Attorney Kriss Basil of the Securities, Financial & Cyber Fraud Unit is prosecuting the case.

The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – Three men have been arrested and charged in connection with the February 2024 armed robbery of a cash courier in Swansea, Mass. The defendants are charged with robbing courier at gunpoint; zip-tying and pepper spraying victim; then burning the stolen getaway vehicle.

Steven Madison, 38, of Bridgewater; Christopher White, 37, of Raynham; and Quentin McDonald, 35, of Brockton, were each charged with one count of robbery interfering with interstate commerce, commonly referred to as Hobbs Act robbery; one count of arson of property used in or affecting interstate commerce; and one count of conspiracy. In addition, Madison and White were also charged with one count of being a felon in possession of a firearm.

The defendants were arrested yesterday and were detained pending a hearing scheduled for May 13, 2024.

According to the charging documents, in the early morning hours of Feb. 19, 2024, two men were seen on video stealing a rental van from a U-Haul Moving & Storage location in Abington, Mass. Later in the day an armed courier who worked for a company that provides secure cash transportation services for licensed cannabis companies arrived at a bank in Swansea, Mass. carrying approximately $436,200 in cash for deposit. 

It is alleged that the U-Haul van pulled up alongside the courier and a masked man wearing a camouflaged vest exited the van and pointed a firearm at the courier before zip-tying the courier’s hands behind his back. It is further alleged that a second masked man exited the U-Haul van and quickly loaded the cash into the vehicle. After trying to disarm the courier, the two men allegedly forced the courier into the back seat of his own car, pepper sprayed him and closed the door. 

Surveillance footage showed that the courier managed to remove one hand from the zip-tie restraints while inside his vehicle, draw his firearm and fire four rounds in the direction of the U-Haul van as it fled the scene before calling 911.  

After leaving the bank, the men allegedly drove the van to a nearby location in Swansea where they met with a third man driving an SUV. It is alleged that the men then transferred the stolen cash into the getaway SUV, burned the U-Haul van and fled.

A subsequent investigation allegedly identified Madison, White and McDonald as the individuals involved in both the robbery and arson. It is alleged that during a search of Madison’s residence in Bridgewater yesterday morning, an estimated $5,000 or more in cash was located in various amounts throughout the house, as well as a $47,000 Rolex watch, a sweatshirt similar to that worn by one of the robbers, a firearm, and ammunition. Following a search of White’s residence in Raynham, zip-ties, a black mask similar to that worn by one of the robbers, a firearm and ammunition were recovered. 

According to the charging documents, both Madison and McDonald have prior state convictions for masked armed robbery, assault and battery by means of a dangerous weapon, and unlawfully possessing a firearm. White has prior state convictions for larceny and receiving stolen property. 

The charge of Hobbs Act robbery provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. The charge of arson of property used in or affecting interstate commerce provides for a mandatory minimum sentence of five years and up with 20 years in prison, three years of supervised release and a fine of up to $250,000. The charge of conspiracy provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of being a felon in possession of a firearm provides for a sentence of up to 15 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; John E. Mawn, Jr., Interim Colonel of the Massachusetts State Police; and Swansea Police Chief Mark Foley made the announcement today. Valuable assistance was provided by the Bristol County District Attorney’s Office and the Bridgewater, Brockton and Raynham Police Departments. Assistant U.S. Attorney John J. Reynolds III of the Major Crimes Unit is prosecuting the case.

The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Rhode Island man pleaded guilty yesterday in federal court in Boston to his role in a fentanyl trafficking organization involved in the manufacturing and distribution of fentanyl pills that spanned across Massachusetts, Rhode Island, New York, Texas and North and South Carolina. 

Erik Ventura, 35, pleaded guilty to a superseding indictment charging him with conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Aug. 1, 2024. Ventura was arrested and charged in February 2022 and has remained in custody since.

In September 2019, an investigation began into a drug trafficking organization (DTO) based in Providence, Rhode Island and known to manufacture large quantities of fentanyl pills designed to appear like pharmaceutical grade oxycodone/Percocet pills and distribute them and other controlled substances throughout the United States. The investigation revealed that Ventura was a trusted member of the DTO and maintained one of the drug stash locations. Ventura transported cash and kilogram quantities of drugs to and from New York on behalf of the DTO, distributed thousands of fentanyl pills to wholesale customers in Massachusetts and was paid by the DTO for his work as a drug distributor. In February 2022, two industrial grade pill presses, approximately 20 kilograms of powdered fentanyl, pressed fentanyl pills and other items, including kilograms of pill binder used in the large-scale manufacturing of clandestinely pressed fentanyl pills, were seized. 

The charge of conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl provides for a mandatory minimum sentence of 10 years and up to life in prison, at least five years and up to a lifetime of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.  

Acting United States Attorney Joshua S. Levy; Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Harry T. Chavis, Jr., Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement today. Special assistance in the investigation was provided by the United States Attorney’s Office for the District of Rhode Island; the Federal Bureau of Investigation, Providence Resident Agency; the Drug Enforcement Administration, Providence Field Office; Rhode Island State Police; and the Cranston, Warwick and West Warwick Police Departments. Assistant U.S. Attorneys Lindsey E. Weinstein and Kunal Pasricha of the Narcotics & Money Laundering Unit are prosecuting the case.

This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The details contained in the charging documents are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.    

BOSTON – A Boston man was sentenced today in connection with his role in Cameron Street, a violent Boston gang.

Paulo Santos, a/k/a “Bucky,” 35, was sentenced by U.S. Senior District Court Judge William G. Young to 10 years in prison and four years of supervised release. In January 2024, Santos pleaded guilty to conspiracy to participate in a racketeering enterprise (commonly referred to as RICO conspiracy), possession with intent to distribute 500 grams or more of cocaine, and being a felon in possession of a firearm and ammunition. 

According to court documents, Cameron Street is a violent gang based largely in the Dorchester section of Boston that uses violence and threats of violence to preserve, protect and expand its territory, promote a climate of fear and enhance its reputation. Cameron Street members possess, carry and use firearms to murder and assault gang rivals as well as protect narcotics and drug proceeds.

As part of his role in the gang, Santos and another Cameron Street member assaulted and robbed a rival gang member outside the Dorchester District Court on Dec. 6, 2019.  In a video posted on Snapchat later that day, Santos identified the victim as a rival gang member, chased him, and shouted to another Cameron Street member, “Get him!”  On the video, the victim shielded his face while he was punched and kicked repeatedly.  Santos and the other Cameron Street member then robbed the victim of his sneakers and took them as a trophy.  The video included captions that praised Cameron Street and denigrated the victim’s gang.

At the time of Santos’ arrest, approximately 900 grams of cocaine, 500 grams of marijuana, a loaded Smith and Wesson .38 caliber revolver and $15,597 in cash were seized from his stash house in Hingham.

This is Santos’ third firearm conviction. For his last unlawful possession of a firearm conviction, Santos served a four-to-five-year state prison sentence.

This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Boston Police Commissioner Michael Cox made the announcement today. Valuable assistance was provided by the Massachusetts State Police; Suffolk County Sheriff’s Office; Suffolk, Plymouth, Norfolk and Bristol County District Attorney’s Offices; and the Canton, Quincy, Randolph, Somerville, Brockton, Malden, Stoughton, Rehoboth and Pawtucket (R.I.) Police Departments. Assistant U.S. Attorneys Christopher Pohl and Charles Dell’Anno of the Criminal Division prosecuted the case.

The details contained in the charging document are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.  

BOSTON – The co-owner of a Mattapan plumbing and heating supply company pleaded guilty today to filing false tax returns in connection with a scheme to use millions of dollars of unreported business receipts to buy gold bars.

Claudio Poles, 78, of Dorchester, pleaded guilty to four counts of filing false tax returns. U.S. District Court Judge Indira Talwani scheduled sentencing for Aug. 9, 2024. Poles was charged on April 30, 2024.

Poles failed to accurately disclose the company’s gross business receipts to its tax preparer, who prepared the company’s tax returns using the false information Poles provided. Poles then used some of the unreported gross receipts to purchase more than $10 million of gold and silver bars for himself from bullion dealers. To conceal the nature of the purchases he made from the company’s bank accounts, Poles described the purchases, in the memo section of the checks, as being for boilers, materials, and plumbing and heating supplies.   

Between 2019 and 2022, Poles falsely and fraudulently reported losses on his individual tax returns and omitted personal income that he received from the business by purchasing the gold and silver bars.

The charge of filing false tax returns provides for a sentence of up to three years in prison, up to one year of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.  

Acting United States Attorney Joshua S. Levy and Harry Chavis, Jr., Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement. Assistant U.S. Attorney Mackenzie A. Queenin of the Securities, Financial & Cyber Fraud Unit is prosecuting the case.

BOSTON – A Plymouth woman has been arrested and charged with wire fraud for submitting fraudulent Paycheck Protection Program (PPP) loan applications on behalf of herself and her father.  

Katherine Reynolds, 65, was charged with two counts of wire fraud. Reynolds was released on conditions following an initial appearance in federal court in Boston earlier today.

According to the charging documents, Reynolds submitted two fraudulent loan applications seeking loans for herself and her father pursuant to the PPP. It is alleged that the loan applications falsely claimed that Reynolds and her then 86-year-old father earned over $100,000 per year providing massage services out of their home. It is further alleged that the loan applications also included fraudulent tax forms that were not filed with the IRS.

The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.  

Acting United States Attorney Joshua S. Levy and Michael J. Krol, Special Agent in Charge of Homeland Security Investigations in New England made the announcement today. The Massachusetts Office of the Inspector General provided valuable assistance in the investigation. Assistant U.S. Attorney Brian Sullivan of the Major Crimes Unit is prosecuting the case.  

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus and https://www.justice.gov/coronavirus/combatingfraud. 
    
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form.

The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Mexican man was found guilty yesterday by a federal jury in Boston for his role in a drug trafficking conspiracy from which 20 kilograms of cocaine was seized during a traffic stop in Littleton in March 2023.

Erasmo Lira-Mendez, 39, was convicted of conspiracy to possess with intent to distribute cocaine and possession with intent to distribute cocaine (both offenses involving five kilograms or more). U.S. District Court Judge William G. Young scheduled sentencing for Sept. 4, 2024. Lira-Mendez was indicted by a federal grand jury in May 2023 along with his co-defendant, Cornelio Hernandez.

“This case is a stark reminder of the profound dangers posed by illicit narcotics circulating in the shadows of our communities. While driving without a license in a small, quiet Massachusetts suburb, Mr. Lira-Mendez was found in possession of 20 kilograms of cocaine intended for distribution, hidden inside a duffle bag,” said Acting United States Attorney Joshua S. Levy. “This conviction reaffirms our office's unwavering commitment to hold accountable those who seek to profit from the devastation wrought by drug trafficking. We will continue to work tirelessly with our federal, state and local partners to ensure the safety and well-being of Massachusetts residents.”

“DEA is committed to investigating drug traffickers who are distributing cocaine to the citizens of Massachusetts,” said Stephen P. Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division. “Illegal drug distribution ravages the very foundations of our families and communities so every time we take these poisons off the streets, lives are saved. This investigation demonstrates the strength of collaborative local, state and federal law enforcement efforts and our strong partnership with the U.S. Attorney’s Office.”

On March 29, 2023, in Littleton, Lira-Mendez was observed driving a car with a temporary Texas license plate that was drifting across a double yellow line. During an ensuing traffic stop, 20 kilograms of cocaine was found inside a duffle bag on the back seat of the vehicle. A subsequent investigation revealed that a private tracking device had been installed in the vehicle by the Mexican drug cartel, Cártel del Noreste. GPS data obtained from the device revealed that the two men had traveled at least 32 hours from Texas to Massachusetts – with the cocaine concealed inside the vehicle’s doors – to distribute the narcotics in Lawrence.  

Hernandez pleaded guilty on April 18, 2024 and is scheduled to be sentenced on July 23, 2024.

Both charges provide for a sentence of at least 10 years and up to life in prison, at least five years of supervised release and a fine of up to $10 million. The defendant will be subject to deportation proceedings upon completion of any sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes that govern the determination of a sentence in a criminal case.

Acting U.S. Attorney Levy and DEA Acting SAC Belleau made the announcement today. Valuable assistance was provided by the Littleton Police Department.  Assistant U.S. Attorneys Samuel R. Feldman and K. Nathaniel Yeager of the Narcotics & Money Laundering Unit are prosecuting the case.   

BOSTON – A Correctional Counselor for the Federal Bureau of Prisons (BOP) assigned to Federal Medical Center Devens (FMC Devens) in Massachusetts was sentenced today for accepting payments from an inmate under his care, in violation of his duties as a public official. The defendant was also sentenced for lying to a bank about a loan he received from the inmate’s business associate and forging the associate’s signature to support this false claim. 

William S. Tidwell, 50, of Keene, N.H., was sentenced by U.S. Senior District Court Judge William G. Young to two years in prison, to be followed by three years of supervised release. Tidwell was also ordered to forfeit $90,058 and pay a  $10,000 fine. In September 2023, Tidwell pleaded guilty to receiving payments as a public official in violation of his official duties, making false statements to a bank, and committing identity theft to support the false statements. 

“William Tidwell ignored federal ethics and conflicts of interest laws, and his greed led him to abuse his position of authority,” said Acting U.S. Attorney Joshua S. Levy. “His corruption goes against BOP’s core mission of assisting offenders to become law-abiding citizens. Tidwell’s repeated violations showed his complete disregard for his profession, the dedicated professionals at BOP, and those he was entrusted to protect and guide.”

“William Tidwell is a longtime public servant, who fully embraced and handsomely benefitted from this illicit agreement with an inmate under his care,” said Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Mr. Tidwell abused his authority and abandoned his duty, and in the end, this corruption cost him, landing him a stay in federal prison.”

“Tidwell developed a personal relationship with an inmate, accepted payments from the inmate, and lied to a bank about a loan he received from the inmate’s business associate. Tidwell’s conduct was a far cry from the integrity that we expect from federal Correctional Officers. Today’s sentencing sends a clear message that this kind of conduct will not be tolerated,” said Ryan T. Geach, Special Agent in Charge of the Department of Justice Office of the Inspector General Northeast Region.

Tidwell had been employed by the BOP since 2000 and had been working at FMC Devens since 2008. He was removed from federal service in October 2023 after pleading guilty in this case.  

Given BOP’s mission to provide for the care and custody of federal inmates, the BOP has numerous rules and regulations that govern the duties and conduct of its employees.   Among other things, employees may not receive any payments, gifts, or personal favors from inmates, give preferential treatment to any inmate in the performance of their duties, or engage in outside employment that conflicts with their duties.  

In approximately 2014, Tidwell began working as a Correctional Counselor at FMC Devens, a position that give him significant levels of contact with, and authority over, inmates. Among other things, Tidwell was responsible for monitoring inmate work assignments, assigning inmate housing assignments, arranging inmate legal calls, and coordinating prison visits for inmates. 

One of the inmates for whom Tidwell served as a Correctional Counselor at FMC Devens was Individual 1 – an ultra-high net worth individual who had been convicted on federal charges in another jurisdiction. Starting in approximately 2018, Individual 1 caused a stream of benefits to be paid to Tidwell.  

In November 2018, while Tidwell was supervising Individual 1, the inmate directed a close friend and business associate (Individual 2) to wire $25,000 to Tidwell’s close family member. Thereafter, starting in 2019, Tidwell and Individual 1 entered into an agreement pursuant to which Tidwell received thousands of dollars as part of a property management agreement.  Individual 2, the inmate’s associate, made the payments to Tidwell. In total, between 2019 and 2020, Tidwell received over $65,000 in benefits as part of this property management agreement with Individuals 1 and 2. Tidwell’s receipt of payments and his employment relationship with an inmate or a close associate of an inmate violated multiple official duties as a BOP employee.

Separately, in 2020, Tidwell sought to purchase a home. In connection with seeking financing for the home purchase, Tidwell received a $50,000 loan from Individual 2. Tidwell made multiple false statements to the bank in connection with his loan application, falsely telling the bank that the $50,000 was a gift from his employer. When the bank asked for written proof of this purported gift, Tidwell forged documents to support his earlier claim, including by unlawfully using Individual 2’s name and address, and forging Individual 2’s signature. 

Acting U.S. Attorney Levy; FBI SAC Cohen; and OIG SAC Geach made the announcement today. Valuable assistance in the investigation was provided by the Federal Bureau of Prisons. Assistant U.S. Attorneys Kunal Pasricha and Mark Grady of the Criminal Division prosecuted the case.

BOSTON – A Dartmouth woman has been indicted by a federal grand jury in Boston for allegedly embezzling hundreds of thousands of dollars from two different employers.  

Jasmyne Botelho, 41, was charged with two counts of wire fraud. Botelho was previously arrested and charged by criminal complaint in December 2023. 

According to the charging documents, between September 2017 and April 2020, Botelho stole at least $280,000 from her employer. Specifically, it is alleged that Botelho directed payments purportedly intended for the company’s vendors to bank accounts she controlled and used company funds to make payments on personal credit cards and an auto loan. To hide her scheme, Botelho allegedly falsified her employer’s books and records to make it appear as though the payments had in fact been sent to legitimate vendors rather than to Botelho.  

It is further alleged that, between May 2022 and December 2023, Botelho improperly inflated her payroll from another employer by more than $160,000. Botelho allegedly concealed her scheme by manipulating her employer’s payroll and accounting software to hide her inflated payroll as well as phony “reimbursements” she paid herself.  

The charge of wire fraud provides a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Kristen A. Kearney of the Securities, Financial & Cyber Fraud Unit is prosecuting the case.

The details contained in the charging documents are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.  

BOSTON – The United States has filed a complaint under the False Claims Act (FCA) against Study Across the Pond, LLC (SATP) and its principal, John Borhaug. 

According to court documents SATP, which was organized under the laws of Massachusetts, and Borhaug, convinced foreign schools to enter into arrangements that violated the federal ban on incentive-based compensation for student recruitment. It is alleged that SATP and Borhaug paid their employees to recruit American students to attend foreign schools in the United Kingdom (UK), and then required the schools to pay a commission when recruited students enrolled in the UK schools. The complaint, filed in the District of Massachusetts, alleges that based on this conduct, SATP and Borhaug knowingly caused UK schools to submit false claims to the U.S. Department of Education. 

“Today’s complaint alleges that Study Across the Pond and John Borhaug used illegal incentives to influence American students to attend foreign schools,” said Acting United States Attorney Joshua S. Levy for the District of Massachusetts. “With today’s action, my office demonstrates its commitment to upholding the ban on incentive compensation, rooting out undue financial influence in student recruitment, and protecting the integrity of federal student financial aid programs.” 

“Third-party recruiters who demand illegal financial incentives for recruiting students to institutions of higher learning, no matter where those institutions are located, undermine the integrity of our system of higher education,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Prospective students are entitled to make their enrollment decisions without the improper influence of recruiters who pursue their own financial gain at the expense of students’ best interests.”

“The Office of Inspector General has a unique and special law enforcement mission – to protect public education funds for eligible students. Today’s announcement is an example of our commitment to this mission,” said Terry Harris, Special Agent in Charge of the U S. Department of Education Office of Inspector General’s Eastern Regional Office. “The OIG will continue to work with our law enforcement partners and pursue allegations of violations of the False Claims Act in carrying out our important public service.” 

Title IV of the Higher Education Act prohibits any institution of higher education that receives federal student aid from compensating student recruiters with a commission, bonus, or other incentive payment based directly or indirectly on the recruiters’ success in securing student enrollments. This is referred to as the Incentive Compensation Ban. The Incentive Compensation Ban protects students against aggressive recruitment practices that serve the financial interest of the recruiter rather than the educational needs of the student.

The complaint alleges that SATP knowingly collaborated with at least 28 UK schools to violate the Incentive Compensation Ban while the schools were participating in federal student aid programs. More specifically, since at least 2015, SATP, under the direction of Borhaug, has allegedly recruited American students to attend UK schools and demanded payment of a “commission” for SATP’s services. This commission was actually a share of the money the schools claimed from federal student financial aid programs for the benefit of American students. The government further alleges that SATP and Borhaug created sham records to hide these arrangements, and ultimately caused foreign schools to submit false claims to the Department of Education.

The government filed its complaint in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act. Under the Act, a private citizen can sue on behalf of the government and share in any recovery. The government also is entitled to intervene in the lawsuit, as it has done in this case, which is captioned United States ex rel. Hitrost LLC v. Study Across the Pond, LLC, et al., No. 21-CV-10274-ADB (D. Mass.).  

Acting U.S. Attorney Levy, Principal Deputy AAG Boynton and SAC Harris made the announcement today. Assistant U.S. Attorneys Brian LaMacchia and Alexandra Brazier of the Affirmative Civil Enforcement Unit are handling the matter along with Trial Attorney Allison Carroll of the Justice Department’s Civil Division.

The claims in which the United States has intervened are allegations only. There has been no determination of liability.

BOSTON – A Quincy man pleaded guilty yesterday to filing false tax returns on behalf of his company that hid over $10 million in corporate income.

Su Nguyen, 60, pleaded guilty to aiding and assisting the filing of false tax returns. U.S. Senior District Court Judge William G. Young scheduled sentencing for Sept. 5, 2024. In October 2023, Nguyen was indicted by a federal grand jury.

Between 2016 and 2020, Nguyen was the owner and operator of General Employment Services (GES), a temporary employment agency operating in Massachusetts. Clients paid GES by check for the work performed by GES employees. Nguyen deposited a small number of client checks in a bank account that Nguyen used for GES business and reported that income to the IRS. However, Nguyen cashed the majority of client checks at a check casher located in Worcester and used that cash on himself and to pay some employees’ wages. In total, Nguyen cashed over $10 million in client checks and did not report that income or the wages paid in cash to the IRS. By doing so, Nguyen and GES failed to pay over $2 million in taxes.  

Each count of aiding and assisting the filing of false tax returns provides for a sentence of up to three years in prison, up to one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy; Harry T. Chavis, Jr., Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement. Assistant U.S. Attorney Christopher J. Markham of the Securities, Financial & Cyber Fraud Unit is prosecuting the case.
 

The Justice Department announced today that it has filed a complaint under the False Claims Act (FCA) against Study Across the Pond LLC (SATP) and its principal, John Borhaug. SATP, which is organized under the laws of Massachusetts, recruits American students to attend foreign schools in the U.K., as well as other countries. The complaint, filed in the District of Massachusetts, alleges that SATP and Borhaug knowingly caused UK schools to submit false claims to the Department of Education for federal student aid by demanding that the foreign schools enter into arrangements that violated the federal ban on incentive-based compensation.

“Third-party recruiters who demand illegal financial incentives for recruiting students to institutions of higher learning, no matter where those institutions are located, undermine the integrity of our system of higher education,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Prospective students are entitled to make their enrollment decisions without the improper influence of recruiters who pursue their own financial gain at the expense of students’ best interests.”

“Today’s complaint alleges that Study Across the Pond and John Borhaug used illegal incentives to influence American students to attend foreign schools,” said Acting U.S. Attorney Joshua S. Levy for the District of Massachusetts. “With today’s action, my office demonstrates its commitment to upholding the ban on incentive compensation, rooting out undue financial influence in student recruitment and protecting the integrity of federal student financial aid programs.”

“The Office of Inspector General has a unique and special law enforcement mission – to protect public education funds for eligible students,” said Special Agent in Charge Terry Harris of the Department of Education Office of Inspector General (OIG)’s Eastern Regional Office. “Today’s announcement is an example of our commitment to this mission. The OIG will continue to work with our law enforcement partners and pursue allegations of violations of the False Claims Act in carrying out our important public service.”

Title IV of the Higher Education Act prohibits any institution of higher education that receives federal student aid from compensating student recruiters with a commission, bonus or other incentive payment based directly or indirectly on the recruiters’ success in securing student enrollments. This is referred to as the Incentive Compensation Ban. The Incentive Compensation Ban protects students against aggressive recruitment practices that serve the financial interest of the recruiter rather than the educational needs of the student.

The complaint alleges that SATP knowingly collaborated with at least 28 U.K. schools to violate the Incentive Compensation Ban while the schools were participating in a federal student aid program. Specifically, since at least 2015, SATP, under the direction of Borhaug, has recruited American students to attend U.K. schools and demanded payment of a commission for SATP’s services. This commission was actually a share of the money the schools claimed from a federal financial aid program, specifically the Federal Direct Loan Program, for the benefit of American students. The government further alleges that SATP and Borhaug created sham records to hide these arrangements, and ultimately caused foreign schools to submit false claims to the Department of Education.

The government filed its complaint in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act. Under the Act, a private citizen can sue on behalf of the government and share in any recovery. The government is entitled to intervene in the lawsuit, as it has done in this case.

The lawsuit is captioned United States ex rel. Hitrost LLC v. Study Across the Pond, LLC, et al., No. 21-CV-10274-ADB (D. Mass.). The Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of Massachusetts are handling the case, with substantial assistance from the Department of Education.

The United States is represented in this matter by Trial Attorney Allison C. Carroll of the Civil Division and Assistant U.S. Attorneys Brian LaMacchia and Alexandra Brazier for the District of Massachusetts.

The claims asserted against defendants are only allegations. There has been no determination of liability.

Complaint

BOSTON – Two men have been arrested and charged in connection with a multifaceted criminal conspiracy involving the trafficking of counterfeit pills containing narcotics and other counterfeit items.

Christopher Chase, 43, of Lynn, was indicted on one count of conspiracy to distribute or possess with the intent to distribute controlled substances, with more than 500 grams of methamphetamine attributable to him as part of the conspiracy; one count of trafficking in counterfeit drugs; and one count of possession with intent to distribute counterfeit postage stamps. Following an initial appearance in federal court in Worcester on May 2, 2024, Chase was detained pending a hearing scheduled for May 8, 2024. 

Francis Wyatt, 42, of Lawrence, was indicted on one count of possession with intent to distribute a die set. A die set is a metal tool that, in conjunction with a pill press, is used to manufacture counterfeit pills. Wyatt was detained following an initial appearance in federal court in Worcester on May 3, 2024 pending a hearing scheduled for May 8, 2024.  

According to court documents, Chase was previously convicted in federal court in New Hampshire in connection with conspiracy to distribute steroids and money laundering. It is alleged that Chase and his co-conspirators used a pill press to manufacture counterfeit pills, including counterfeit oxycodone pills containing fentanyl, counterfeit Adderall pills containing methamphetamine, and counterfeit Xanax pills containing clonazolam. Additionally, Chase or others acting at his direction allegedly purchased over 100 kilograms of pill binding agent (used as the inactive ingredient in counterfeit pressed pills) between 2020 and 2022. It is alleged that, in communications with a co-conspirator, Chase likened himself to drug kingpin “El Chapo.”

According to court documents, at Chase’s behest, Wyatt was sent to retrieve a package from China containing a die set to be used in manufacturing counterfeit oxycodone pills containing fentanyl. 

It is further alleged that Chase also was a significant distributor of counterfeit stamps over public websites such as eBay. In February 2024, counterfeit U.S. postage stamps were recovered during a search of Chase’s residence. Chase acquired the counterfeit stamps from China. Preliminary estimates indicate that the stamps are valued at approximately $250,000.

The charge of conspiracy to distribute and possess with the intent to distribute the quantity of methamphetamine alleged in the indictment provides for a mandatory minimum term of 10 years and up to life in prison, at least five years of supervised release and a fine of up to $10 million. The charge of trafficking counterfeit drugs provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $2 million. The charge of possession of a die set provides for a sentence of up to four years in prison, one year of supervised release and a fine of $250,000. The charge of possession with intent to distribute counterfeit stamps provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case,

Acting United States Attorney Joshua S. Levy; Michael Krol, Special Agent in Charge of Homeland Security Investigations, New England Field Office; and Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division made the announcement today. Valuable assistance was provided by the Middlesex District Attorney and the Massachusetts State Police. Assistant U.S. Attorney Evan Panich of the Narcotics & Money Laundering Unit is prosecuting the case.

The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Boston man was sentenced today for illegally possessing ammunition as a convicted felon.

Tyreek Hall, 21, was sentenced by U.S. District Court Judge Indira Talwani to 46 months in prison followed by three years of supervised release. In September 2023, Hall pleaded guilty to one count of being a felon in possession of ammunition. 

In or around June 2022, Hall posed on social media with a gun. At the time of the social media post, Hall had been on parole for one week, after early release for a state conviction of assault with a dangerous weapon (a firearm). Hall is prohibited from possessing a firearm or ammunition due to a prior felony conviction. On June 9, 2022, Hall was found in possession of a 9x19mm caliber privately made Glock-style semi-automatic pistol, bearing no manufacturer serial number (commonly known as a “ghost gun”), and eight rounds of ammunition. 

Acting United States Attorney Joshua S. Levy; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Brian Kyes, U.S. Marshal for the District of Massachusetts; and Boston Police Commissioner Michael Cox made the announcement today. Assistant U.S. Attorneys John Dawley and Fred Wyshak, III of the Organized Crime & Gang Unit prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

BOSTON – An associate of the violent Boston gang Cameron Street was sentenced today in federal court in Boston for drug trafficking.

Michael Lopes, a/k/a “Meech,” 35, of Pawtucket, R.I., was sentenced by U.S. Senior District Court Judge William G. Young to 57 months in prison followed by three years supervised release. In February 2024, Lopes pleaded guilty to a one-count Superseding Information charging him with conspiracy to distribute and possess with intent to distribute cocaine, cocaine base and methamphetamine. 

During a two-year long investigation into Cameron Street, it was determined that Lopes allegedly conspired with his cousin Anthony Centeio – the alleged leader of Cameron Street – and others to distribute cocaine, cocaine base and methamphetamine. Lopes and, allegedly, Centeio made several sales of cocaine and cocaine base to a cooperating witness in Boston, Braintree and Pawtucket, R.I. A search of Lopes’ Rhode Island residence in April 2022 resulted in the recovery of approximately 174 grams of cocaine base, 215 grams of cocaine and 180 grams of methamphetamine, packaging materials and $2,342 in cash.

Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Boston Police Commissioner Michael Cox made the announcement today. Valuable assistance was provided by the Massachusetts State Police; Suffolk County Sheriff’s Office; Suffolk, Plymouth, Norfolk and Bristol County District Attorney’s Offices; and the Canton, Quincy, Randolph, Somerville, Brockton, Malden, Stoughton, Rehoboth and Pawtucket (R.I.) Police Departments. Assistant U.S. Attorneys Christopher Pohl and Charles Dell’Anno of the Criminal Division prosecuted the case.

This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The details contained in the charging document are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.  

BOSTON – A Boston man was sentenced today for being a felon in possession of a firearm and ammunition, specifically a loaded Taurus 9mm pistol with an obliterated serial number. At the time of the offense, the defendant was on supervised release after serving a federal prison sentence for firearm and drug convictions.

Tevin Abercrombie, 29, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 78 months in prison followed by three years of supervised release. In January 2024, Abercrombie was convicted by a federal jury of one count of being a felon in possession of a firearm and ammunition. 

In April 2020, while responding to shorts fired, officers stopped a vehicle that was of interest. During that stop, Abercrombie was found to be in possession of a black Taurus 9mm pistol with an obliterated serial number loaded with one round in the chamber and an additional seven rounds of 9mm ammunition in the magazine. In 2016, Abercrombie was convicted in federal court of being a felon in possession of a firearm and ammunition and conspiracy to distribute cocaine base, cocaine and heroin and sentenced to 60 months in prison. Abercrombie was on federal supervised release at the time of this offense.

Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Boston Police Commissioner Michael Cox made the announcement today. Assistant U.S. Attorneys John T. Dawley and Fred M. Wyshak, III of the Organized Crime & Gang Unit prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.